J  K 


S3? 


LIBRARY 


UNIVERSITY  OF  CALIFORNIA. 


Gl  FT    OF 


Class 


GENERAL 


ELECTION   LAWS 


OF 


MINNESOTA 


INCLUDING 


THE  PRIMARY  ELECTION   LAW 


AND    OTHER    ACTS 


BEING  CHAPTER  6    OF  REVISED    LAWS  1905,    AND    CHAPTERS   92, 

134, 149,  211  AND  267  SESSION  LAWS  1905.  SECTION  NUMBERS 

CORRESPOND  WITH  NUMBERS  IN  1905  REVISED  LAWS. 


[OFFICIAL  PUBLICATION  BY  SECRETARY  OF  STATE] 


1906 


GENERAL 


ELECTION    LAWS 


OF 


MINNESOTA 


INCLUDING 


THE   PRIMARY  ELECTION   LAW 

AND    OTHER    ACTS 


BEING  CHAPTER  6    OP  REVISED    LAWS  1905,    AND    CHAPTERS  92, 

134,  149,  2U  AND  267  SESSION  LAWS  1905.  SECTION  NUMBERS 

CORRESPOND  WITH  NUMBERS  IN  1905  REVISED  LAWS. 





UNIVERS1T 

* 

[OFFICIAL  PUBLICATION  BY  SECRETARY  OF  STATE] 


1906 


QUALIFICATIONS  OF  ELECTORS 


Amendment  to  Section  I,  Article  7,  of  State  Constitution. 

Section  one   (1).  .  What  persons  are  entitled  to  vote. 

Every  male  person  of  the  age  of  twenty-one  (21) 
years  or  upwards,  belonging  to  either  of  the  following 
classes,  who  has  resided  in  this  state  six  (6)  months  next 
preceding  any  election,  shall  be  entitled  to  vote  at  such 
election  in  the  election  district  of  which  he  shall  at  the 
time  have  been  for  thirty  (30)  days  a  resident,  for  all 
officers  that  now  are,  or  hereafter  may  be,  elective  by 
the  people. 

First — Citizens  of  the  United  States  who  have  been 
such  for  the  period  of  three  (3)  months  next  preceding 
any  election. 

Second — Persons  of  mixed  white  and  Indian  blood, 
who  have  adopted  the  customs  and  habits  of  civilization. 

Third — Persons  of  Indian  blood  residing  in  this  state, 
who  have  adopted  the  language,  customs  and  habits  of 
civilization,  after  an  examination  before  .any  district 
court  of  the  state,  in  such  manner  as  may  be  provided 
by  law,  and  shall  have  been  pronounced  by  said  court 
capable  of  enjoying  the  rights  of  citizenship  within  the 
state. 


OPINIONS    OF   H.    W.    CHILDS,   ATTORNEY 
GENERAL. 


Under  the  recently  adopted  amendment  to  our  Constitution 
only  those  are  entitled  to  vote  who  have  been  citizens  of  the 
United  States  for  three  months  "or  more  preceding  the  day  of 

election. 


WHO  ARE  CITIZENS  OF  THE  UNITED  STATES  WITH- 
OUT ANY  ACTION  ON  THEIR  PART? 

i.  Persons  born  in  the  United  States^ and  not  subject  to  the 
jurisdiction  of  some  foreign  power;  that  is,  persons  born  in  the 
United  States,  no  matter  what  the  nationality  of  their  parents 


160617 


4  QUALIFICATIONS  OP  ELECTORS. 

unless  such  parents  were  here  in  some  capacity  as  representatives 
of  a  foreign  nation. 

2.  Children  born  in   foreign  countries  but  whose   fathers  be- 
came full  citizens  of  the  United  States  before  such  children  reached 
the  age  of  twenty-one  years. 

3.  A    foreign    born   woman   who    marries   a   citizen,    or   whose 
husband  becomes  fully  naturalized,  is  thereby  made  a  full  citizen. 

HOW  TO  BECOME  CITIZENS: 

Except  in  certain  instances  hereafter  mentioned  the  applicant 
must  first  secure  what  are  known  as  "first  papers"  or  "declaratory 
papers,"  and  at  least  two  years  must  elapse  thereafter  before  final 
or  papers  of  citizenship  can  issjue.  The  applicant  must  have  resided 
in  the  United  States  at  least  five  years  before  final  papers  can  issue. 

Aliens  who  served  in  the  regular  or  volunteer  army  of  the 
United  States,  and  who  have  been  honorably  discharged,  are  not 
required  to  take  out  first  papers,  but  may  upon  petition  to  the 
court  be  made  citizens,  by  proving  one  year's  residence  and  such 
honorable  discharge,  and  producing  such  evidences  of  good  moral 
character  as  is  required  in  all  cases. 

Any  alien  who  became  a  resident  of  the  United  States  at  the 
age  of  eighteen  years  or  under  and  has  continued  to  reside  therein 
may  be  made  a  full  citizen  at  any  time  after  he  has  been  a  resident 
five  years  and  has  reached  the  age  of  twenty-one  years.  He  is  not 
required  to  take  out  declaratory  papers. 

When  one  who  has  taken  out  "first  papers"  dies  before  be- 
coming fully  naturalized,  his  widow  and  children  shall  be  con- 
sidered citizens  and  entitled  to  all  rights  and  privileges  as  such 
upon  taking  the  oath  prescribed  for  those  becoming  full  citizens. 


ELIGIBILITY  OF  WOMEN  AS  TO  SCHOOLS 
AND  LIBRARY  BOARDS. 

An  Amendment  to  Section  Eight  (8)  of  Article  Seven 
(?)  of  the  Constitution  of  the  State  of  Minnesota. 

Sec.  8.  Women  may  vote  for  school  officers  and 
members  of  library  boards,  and  shall  be  eligible  to  hold 
any  office  pertaining  to  the  management  of  schools  or 
libraries. 

Any  woman  of  the  age  of  twenty-one  (21)  years  and 
upward  and  possessing  the  qualifications  requisite  to  a 
male  voter,  may  vote  at  any  election  held  for  the  pur- 
pose of  choosing  any  officers  of  schools  or  any  members 
of  library  boards,  or  upon  any  measure  relating  to 
schools  or  libraries,'  and  shall  be  eligible  to  hold  any  of- 
fice pertaining  to  the  management  of  schools  and  libra- 
ries. 


The  Primary  Election  Law 

AND  OTHER  ACTS 

Being 

CHAPTER  6  OF  REVISED  LAWS  1905,    AND    CHAPTERS    92,    134, 
149,  214  AND  267  SESSION  LAWS  1905.    SECTION  NUM- 
BERS  CORRESPOND   WITH  NUMBERS    IX 
19t)5  REVISED  LAWS. 


ELECTIONS. 

Section  153.  General,  when  held — What  officers  chosen 
— Presidential  electors — A  general  election  shall  be  held 
in  the  several  election  districts  on  the  first  Tuesday  after 
the  first  Monday  of  November  in  each  even-numbered 
year.  All  elective  state  and  county  officers,  judges  of 
the  supreme  and  district  courts,  members  of  the  legisla- 
ture, and  representatives  in  Congress  shall  be  elected 
at  the  general  election  next  before  the  respective  terms 
thereof  shall  expire.  And,  at  such  election  held  in  the 
year  preceding  the  expiration  of  a  term  of  President  of 
the  United  States,  presidential  electors  shall  also  be 
chosen.  (6) 

Sec.  154.  Definition  of  terms — Unless  another  mean- 
ing be  clearly  indicated  by  the  context,  the  terms  "city" 
and  "village,"  as  used  in  this  chapter,  shall  mean  an 
incorporated  city  or  village,  and  the  latter  shall  include 
boroughs.  "Municipality"  shall  mean  an  incorporated 
place,  and  "municipal  corporation"  shall  include  munic- 
ipalities, counties,  and  towns.  "Council"  shall  mean  the 
governing  body  of  a  municipality,  and  "municipal  elec- 
tion" the  election  of  officers  of  a  municipality.  "Peace 
officer"  shall  include  sheriffs,  constables,  policemen,  and 
citizens  appointed  and  empowered  to  perform  any  of  their 
duties.  "Judge"  and  "clerk"  shall  mean  the  judges  and 
clerks  of  election  respectively,  "district"  an  election 
district,  and  "voter"  an  elector  qualified  to  vote  at  the 
election  or  upon  the  question  referred  to.  "Senator"  and 
"representative"  shall  mean  senators  and  representatives 
in  the  legislature,  and  "polls"  shall  include  the  place  of 


6  THE  PRIMARY  ELECTION  LAW 

voting.  "Contestant"  shall  mean  the  person  who  begins 
any  proceeding  to  contest  the  result  of  an  election,  and 
"contestee"  the  party  adverse  thereto. 

Sec.  155.  Term  of  office,  when  it  begins — The  term 
of  office  of  every  state  and  county  officer  shall  begin 
on  the  first  Monday  in  January  next  succeeding  his 
election,  unless  otherwise  provided  by  law.  (7) 

Sec.  156.  Election  districts — How  constituted  and 
altered — Each  town,  each  village  that  is  separated  from 
the  town  for  election  purposes,  and. each  city  ward,  shall 
constitute  at  least  one  election  district.  No  district,  when 
first  formed,  shall  contain  more  than  four  hundred  male 
voters  and  the  council  or  town  board  shall  so  divide,  con- 
solidate, and  rearrange. the  districts  from  time  to  time 
that  the  number  of  voters  in  each  shall  be  substantially 
equal,  and  not  exceed  four  hundred.  All  such  changes 
shall  be  made  by  resolution  adopted  at  least  six  weeks  be- 
fore the  next  ensuing  election,  and  sixty  days'  posted  no- 
tice thereof  shall  be  given  before  the  change  shall  take 
effect.  (8  ;  '99  c.  269) 

Sec.  157.  Map  or  description  to  be  made  and  posted — 
AYlien  a  ward  is  so  divided,  the  council  shall  make  a  map 
or  description  of  each  division,  defining  it  by  known 
boundaries,  and  file  the  same  with  the  city  or  village 
clerk,  who  shall  keep  the  same  open  for  inspection  at  all 
times,  and  post  copies  of  the  same  in  at  least  five  of  the 
most  public  places  in  each  district.  Such  council  shall 
furnish  copies  thereof  to  the  judges  for  use  at  the 
election.  (9) 

Sec.  158.  Notices  to  be  furnished  auditors  and  clerks—^ 
Between  July  1  and  September  1  in  each  election  year 
the  secretary  of  state  shall  cause  to  be  delivered  to  the 
auditor  of  each  county  a  notice,  specifying  all  the  officers 
to  be  voted  for  throughout  such  county  at  the  next  gen- 
eral election,  and  each  auditor,  on  receipt  thereof,  shall 
cause  a  like  notice  to  be  delivered  to  each  town,  city,  and 
village  clerk  in  his  county.  (13) 

Sec.  159.  Blanks  and  copies  of  law,  how  provided  and 
distributed — At  least  sixty  days  before  every  general 
election,  the  secretary  of  state  shall  transmit  to  each 
county  auditor  a  sufficient  number  of  suitable  blank 
forms  for  lists,  registers,  and  affidavits,  and  such  other 


OF  MINNESOTA  FOR  1905.  7 

blanks  as  are  required  in  preparation  for  and  conduct  of 
such  election;  also  copies  of  this  chapter,  or  of  so  much 
thereof  as  pertains  to  the  duties  of  election  officers.  The 
auditor  shall  forthwith  deliver  to  the  clerk  of  every  city, 
town,  and  village  in  his  county  the  necessary  copies  of 
each  of  such  blanks,  and  one  copy  of  the  law  for  each 
judge.  (14) 

Sec.  160.  Special  elections  when  and  how  called  and 
conducted — Whenever,  by  reason  of  a  tie  vote,  there 
shall  be  a  failure  to  elect  any  state  or  county  officer, 
member  of  the  legislature,  or  representative  in  Congress, 
and  whenever  any  vacancy  occurs  in  any  of  such  offices 
which  is  not  otherwise  provided  for,  the  governor,  with- 
in ten  days  after  he  is  informed  of  such  failure  or  va- 
cancy, shall  issue  a  proclamation  directing  a  special  elec- 
tion to  be  held,  at  a  time  therein  specified'  not  more  than 
twenty  days  from  the  date  thereof,  to  fill  such  office. 
One  copy  of  such  proclamation  shall  be  mailed  to  the 
auditor  of  each  county  wherein  such  special  election  is 
to  be  held.  But  if  the  vacancy  occur  in  the  office  of 
representative  in  Congress  or  member  of  the  legislature, 
and  there  be  no  session  of  the  Congress  or  legislature 
Between  the  happening  thereof  and  the  next  general 
election  occurring  twenty-eight  or  more  days  thereafter, 
the  vacancy  shall  be  filled  at  such  general  election.  Such 
'special  election  shall  be  called,  held,  and  conducted,  and 
the  returns  thereof  made  and  canvassed,  in  the  same 
manner  as  in  the  case  of  general  elections;  and  within 
fifteen  days  thereafter  the  auditor  shall  transmit  a  state- 
ment of  the  vote  cast  thereat  to  the  secretary  of  state. 
(15,  16) 

Sec.  161.  Vacancy  after  division  of  district,  who  may 
vote — No  change  in  the  boundaries  of  any  legislative 
district  shall  be  effective  as  to  any  election  to  fill  a  va- 
cancy in  the  representation  therefrom  when  the  term  of 
the  office  which  has  become  vacant  commenced  before 
such  change  was  made.  (17) 

Sec.  162.  Printed  instructions  to  voters — Uniform  in- 
structions to  voters,  printed  in  large  type  upon  cards  or 
heavy  paper,  shall  be  furnished  by  the  secretary  of  state 
to  the  auditor  of  each  county,  containing  such  information 
as  will  enable  the  voters  quickly  and  correctly  to  desig- 


8  THE  PRIMARY  ELECTION  LAW 

nate  their  choice.  Whenever  the  auditor  of  any  county 
shall  notify  the  secretary  of  state  that  such  instructions 
are  also  needed  in  any  specified  foreign  language,  the 
secretary  shall  furnish  the  same.  Such  cards  shall  be 
sufficient  in  number  to  allow  one  for  each  booth,  and  four 
additional  for  each  district ;  and  the  auditor  shall  deliver 
such  cards  to  the  city,  village,  and  town  clerks  in  his 
county,  who  shall  cause  one  to  be  posted  in  each  booth, 
two  in  the  polling  room,  and  two  on  the  outside  of  the 
building  in  which  the  voting  takes  place.  (20) 

Sec.  163.  Duty  of  officers — Proclamation  by  mayor — 
The  mayor  and  all  peace  officers  shall  see  that  the  law  in 
relation  to  the  sale  and  use  of  intoxicating  liquors'  on 
election  days  is  strictly  enforced,  and  the  mayor  of  each 
city,  on  the  day  preceding  any  election  therein,  shall 
issue  a  proclamation  that  the  same  will  be  so  enforced; 
but  the  failure  to  issue  such  proclamation  shall  not  ex- 
empt any  person  violating  said  law  from  the  penalties 
thereof.  (23) 

Sec.  164.  Sample  ballots— Notice— All  ballots  shall 
be  printed  as  hereinafter  prescribed,  except  where  voting 
machines  have  been  provided.  At  least  three  weeks  be- 
fore any  general  election,  the  secretary  of  state  shall  mail 
to  the  auditor  of  each  county  sample  copies  of  the  official 
state  ballots,  and  at  least  two  weeks  before  such  election 
the  auditor  shall  cause  one  week's  published  notice  to  be 
given  of  the  contents  of  the  official  ballots  for  state  and 
county  officers.  (24;  '95  c.  275) 

Submit  to  vote — Separate  ballot  box — All  questions 
relating  to  the  adoption  of  a  city  charter  or  any  amend- 
ments thereto,  or  any  proposition  for  the  issuance  of 
bonds,  by  any  municipality  as  provided  for  by  any  stat- 
utes of  this  state  enacted  in  pursuance  of  section  36  of 
article  IV.  of  the  Constitution  of  Minnesota,  submit- 
ted at  any  election  to  the  electors  of  the  municipal- 
ity, shall  be  printed  on  one  separate  lavender  colored 
ballot  and  shall  be  prepared,  printed  and  distributed 
under  the  direction  of  the  city  clerk  at  the  same  time, 
and  in  the  same  manner  as  other  city  ballots.  Such 
ballots,  when  voted,  shall  be  deposited  in  a  separate 
ballot  box,  painted  in  a  lavender  color,  to  be  procured  by 
the  local  authorities  for  each  voting  precinct.  Such  bal- 


OF  MINNESOTA  FOR  1905.  9 

lot  shall  be  canvassed,  counted  and  returned  and  the  re- 
sult thereof  declared  in  the  same  manner  as  other  city 
ballots.  The  person  under  whose  direction  tally  sheets 
and  blanks  for  election  returns  are  printed  shall  print 
such  tally  sheets  and  blanks  for  election  returns  in  such 
manner  as  to  provide  appropriate  spaces  and  columns  for 
counting,  canvassing  votes  and  making  proper  returns 
for  the  question  so  placed  on  such  lavender  colored  ballot. 
(1905  c.  87) 

Sec.  165.  White  ballot — Contents — How  provided  and 
distributed — There  shall  be  one  ballot,  on  plain  white 
paper,  called  in  this  chapter  the  "white  ballot,"  upon 
which  the  names  of  all  candidates  for  offices  to  be  voted 
for  throughout  the  state  shall  be  printed.  It  shall  be 
prepared  under  the  direction  of  the  secretary  of  state, 
and  bound  in  blocks  of  fifty;  and  a  sufficient  number 
thereof  to  enable  the  clerks  to  comply  with  the  provisions 
of  this  chapter  shall  be  by  him  forwarded  by  express  to 
the  auditor  of  each  county  at  least  fifteen  days  before 
the  election,  and  receipts,  stating  the  number  and  date 
when  received,  taken  therefor.  On  the  fourth  Tuesday 
preceding  the  day  of  election,  the  secretary  of  state  shall 
file  a  sample  thereof  in  his  office  for  public  inspection. 
(25;  '97  c.  190) 

Sec.  166.  Pink  ballots  for  constitutional  and  other 
questions — The  secretary  of  state  shall  also  prepare  and 
distribute  a  ballot  printed  on  pink  paper,  hereinafter 
called  the  "pink  ballot,"  upon  which  all  propositions  and 
questions  to  be  voted  upon  throughout  the  state  shall 
be  so  printed  that  the  voter  may  conveniently  indicate 
by  a  mark  (X)  either  a  negative  or  an  affirmative  answer 
to  each.  Such  ballots  shall  be  deposited  in  a  separate 
box,  painted  pink.  They  shall  be  counted,  canvassed, 
and  returned  as  in  the  case  of  the  white  ballots,  and  the 
tally  sheets  and  return  blanks  shall  provide  suitable 
columns  and  spaces  therefor.  ('03  c.  251) 

Sec.  167.  Red  ballot  for  city  elections— There  shall  be 
one  ballot  on  red  paper,  hereinafter  called  the  "red  bal- 
lot," upon  which  the  names  of  all  candidates  for  city 
offices,  and  all  questions  and  propositions  relating  ex- 
clusively to  city  affairs,  shall  be  printed.  It  shall  be 
prepared  under  the  direction  of  the  city  clerk,  and  bound 


10  THE  PRIMARY  ELECTION  LAW 

in  blocks  of  fifty,  and  together  with  the  other  ballots  and 
the  instructions  provided  for  in  this  chapter,  shall  be  by 
him  delivered  to  the  judges  of  election  for  each  polling 
place,  and  a  receipt  taken  therefor,  stating  the  number 
of  each  color  and  the  date  when  received.  On  the  Tues- 
day next  preceding  election  day,  such  clerk  shall  file  a 
sample  printed  ballot  in  his  office  for  public  inspec- 
tion. (26) 

•  Sec.  168.  Blue  ballots — Contents — How  furnished  and 
distributed — There  shall  be  one  ballot  on  blue  paper, 
called  in  this  chapter  the  "blue  ballot,"  upon  which  shall 
be  printed  the  names  of  all  candidates  for  office,  and  all 
questions  and  propositions  to  be  submitted,  except  those 
required  to  be  placed  on  other  ballots.  It  shall  be  pre- 
pared under  the  direction  of  the  county  auditor,  and,  to- 
gether with  the  white  and  pink  ballots,  shall  be  delivered 
.  by  such  auditor  to  the  proper  clerks  in  sufficient  quanti- 
ties to  enable  them  to  comply  with  the  provisions  of  this 
chapter.  The  auditor  shall  give  timely  notice  by  mail 
to  the  clerks  of  the  time  when  the  official  ballots  will  be 
ready ;  and  such  clerks,  on  the  Thursday  next  preceding 
election  day,  shall  go  to  the  county  seat  and  receive  them, 
and  give  receipts  therefor,  stating  the  number  of  each 
and  the  date  when  received.  On  the  second  Thursday 
preceding  election  day,  the  auditor  shall  file  a -sample 
of  such  ballot  in  his  office  for  public  inspection.  (27) 

Shall  be  sent  by  mail  or  express — Wherever  the 
primary  and  general  election  laws  now  provide  that 
the  village  and  town  clerks  and  judges  of  election  in 
unorganized  towns,  go  to  the  county  seat  and  receive 
the  official  ballots ;  hereafter  the  auditor  of  each  coun- 
ty shall,  at  least  one  week  before  the  day  of  election, 
send  by  registered  mail  or  express  to  the  village  and 
town  clerks  and  judges  of  election,  the  official  ballots 
that  each  is  entitled  to  receive ;  also,  sealing  wax,  stamp, 
and  the  necessary  postage  to  register  and  mail  the  elec- 
tion returns  and  other  papers,  as  provided  in  section  two 
(2)  of  this  act. 

Return  to  county  auditor — And  wherever  the  said 
election  laws  require  the  election  returns  and  other 
papers  to  be  delivered  to  the  county  auditor  by  one  of 
the  judges  or  other  manager;  hereafter  such  returns 


OF  MINNESOTA  FOR  1905.  11 

and  other  papers  shall,  in  the  presence  of  all  the  judges 
of  election,  be  deposited  in  duplicate,  each  in  a  separate 
envelope,  one  of  which  shall  be  sewed  by  drawing  a 
substantial  twrine  through  said  envelope  and  said  re- 
turns, and  tying  the  ends  of  said  twine  together,  and 
then  seal  said  envelope,  with  a  stamp  furnished  by 
the  county  auditor,  in  three  places,  having  one  of 
the  seals  over  the  knot  in  said  twine.  Said  judges 
shall  designate  one  of  their  number  to  take,  within- 
twenty-four  hours,  said  envelopes,  containing  said  elec- 
tion returns  arid  other  papers,  to  the  nearest  postoffice, 
and  cause  them  to  be  registered  and  mailed  to  the  coun- 
ty auditor  at  his  office.  The  person  mailing  such  elec- 
tion returns  and  other  papers  shall  receive  for  his  com- 
pensation the  sum  of  one  dollar;  and  also  ten  cents  per 
mile  for  each  mile  necessarily  traveled  in  going  to  and 
returning  from  the  postoffice  w^here  such  election  returns 
were  mailed;  said  compensation  to  be  paid  out  of  the 
county  treasury. 

Should  the  judge  of  election  so  designated  fail  to 
register  and  mail  said  election  returns  and  other  papers 
within  the  time  herein  specified  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  punished  accordingly. 

Provided,  however,  that  this  act  shall  not  apply  to  elec- 
tion districts  wrhere  the  place  of  holding  the  polls  is 
within  ten  (10)  miles  of  the  office  of  the  county  auditor 
by  the  nearest  traveled  troute.  (1905  c.  214) 

Sec.  169.  Number  of  ballots  provided — At  least  one 
hundred  ballots  of  each  kind  to  be  voted  shall  be  pro- 
vided by  the  clerk  for  each  polling  place  for  every  sev- 
enty-five voters  there  registered  at  the  preceding  election. 
If  for  any  known  reason  a  greater  number  may  be  needed, 
sufficient  additional  ballots  shall  be  furnished.  (28) 

Sec.  170.  General  description  of  ballot — Uniformity 
required — All  ballots  shall  be  printed  with  black  ink  on 
paper  of  sufficient  thickness  to  prevent  the  printing  there- 
on from  being  discernible  from  the  back ;  all  ballots  of  the 
same  color  shall  be  substantially  uniform  as  to  style,  size, 
thickness,  and  shade  of  color;  and  the  same  type  shall  be 
used  for  the  names  of  all  candidates  on  the  same  ballot. 
Whenever  ballots  of  any  class  are  printed  on  paper  of  the 
same  general  tint,  but  varying  in  shade,  those  used  in  any 


12  THE  PRIMARY  ELECTION  LAW 

one  district  shall  be  of  the  same  shade.     (29) 

Sec.  171.  White  and  Pink  ballots — General  descrip- 
tion— The  white  and  pink  ballots  shall  be  not  less  than 
four  nor  more  than  six  inches  wide,  and  as  long  as  the 
list  of  candidates  to  be  voted  for  or  the  questions  sub- 
mitted may  require,  and  shall  contain,  in  such  order  of 
precedence  as  the  secretary  of  state  shall  direct,  conform- 
ably to  this  chapter,  the  official  title  of  all  offices  proper 
to  be  placed  thereon,  followed  by  the  names  of  the  candi- 
dates for  each.  Such  ballots  shall  be  headed  by  the  words 
"State  Ballot"  in  heavy-faced  plain  letters,  not  smaller 
than  long  primer  nor  larger  than  great  primer,  with  a 
heavy  rule  above  and  below  the  same.  (30) 

Sec.  172.  Same — Names,  etc.,  how  printed — The  name 
of  each  candidate  and  of  the  office  to  be  filled  shall  be 
printed  at  right  angles  with  the  length  of  the  ballot,  in 
plain  roman  type,  not  larger  than  long  primer  nor  smaller 
than  brevier;  the  name  of  each  candidate  in  capital  let- 
ters, preceded  on  the  same  line  by  the  title  of  the  office 
in  capitals  and  small  letters.  Except  in  case  of  presi- 
dential electors  each  name  shall  be  followed  on  the  same 
line,  in  upper  and  lower  case  letters,  by  the  party  desig- 
nation of  the  candidate.  At  the  right  of  and  on  a  line 
with  such  names  and  designations,  near  the  margin, 
there  shall  be  a  space  so  inclosed  by  rule  work  as  to 
make  a  square  three-eights  of  an  inch  in  size,  in  which 
the  voter  may  designate  his  choice  by  a  mark  (X). 
Above  and  below  each  name  shall  be  printed  across  the 
ballot  a  light  line,  except  that  above  and  below  each 
office  a  heavier  line  shall  be  so  printed.  Below  the  name 
of  the  last-named  candidate  for  each  office  shall  be  placed 
as  many  blank  lines  as  there  are  offices  of  the  kind  to 
be  filled,  preceded  by  the  title  of  such  office.  The  spaces 
for  the  names  of  candidates  shall  be  three-eights  of  an 
inch  wide.  At  right  angles  with  such  lines  and  at  the 
right  of  the  small  squares  shall  be  printed  opposite  each 
office  the  words  "Vote  for  one,"  or  "Vote  for  two,"  or 
more,  according  to  the  number  to  be  elected.  (30) 

Sec.  173.  .  Same — Written  names — Party  precedence — 
Like  squares  shall  be  placed  at  the  right  of  the  blank 
lines,  and  on  such  lines  the  voter  'may  write  the  names 
of  persons  for  whom  he  desires  to  vote  whose  names 


OF   MINNESOTA  FOR  1905.  13 

are  not  printed,  and  in  the  squares  opposite  the  same  he 
may  make  marks  as  in  the  case  of  printed  names.  The 
first  name  printed  for  each  office,  or  group  of  names  if 
more  than  one  is  to  be  voted  for  the  same  office,  shall  be 
that  of  the  candidate  of  the  political  party  which  at  the 
last  preceding  general  election  polled  the  largest  number 
of  votes,  the  same  to  be  determined  by  the  average  vote 
received  by  such  of  its  candidates  as  were  not  indorsed 
by  any  other  party;  and,  in  case  all  of  the  state  candi- 
dates of  any  political  party  wrere  indorsed  or  renominated 
by  another  party,  the  position  of  the  candidates  of  either 
such  nominating  or  indorsing  party  shall  be  determined 
by  taking  the  average  vote  of  its  candidates  at  the  last 
preceding  election  wherein  they  were  not  so  indorsed. 
In  like  manner  the  second  and  succeeding  lines  shall  be 
filled  with  the  names  of  candidates  of  the  other  political 
parties  receiving  respectively  .  the  highest  number  of 
votes.  (30) 

Sec.  174.  Same — Nominees  by  petition — Instruction 
to  voters — The  names  of  candidates  nominated  by  peti- 
tion shall  follow  those  of  candidates  of  conventions  in 
the  order  in  which  the  petitions  are  filed.  Each  such 
ballot  shall  contain,  above  the  first  name  thereon,  the 
words  "Put  a  cross  (X)  opposite  the  name  of  each  candi- 
date you  wish  to  vote  for,  in  the  square  indicated  by  the 
arrow,"  and  on  a  line  with  such  words  and  over  such 
squares  shall  be  printed  a  small  arrow,  or  point  thereof, 
pointing  downward.  (30) 

Sec.  175.  Same — Presidential  electors — Groups  voted 
for  together — When  presidential  electors  are  to  be  voted 
for,  the  candidates  of  each  party  therefor  shall  be  grouped 
and  printed  together,  the  names  of  each  group  to  be  ar- 
ranged in  the  order  in  which  they  were  filed.  The  polit- 
ical or  party  designation  shall  be  printed  as  in  the  case 
of  other  candidates,  and  the  entire  group  of  electors  of 
each  party  shall  be  inclosed  by  a  scroll  or  bracket,  to 
the  right  and  opposite  the  center  of  which  shall  be 
printed  in  bold  type  the  surname  of  the  presidential 
candidate  represented.  To  the  right  of  and  on  a  line 
with  such  surname,  near  the  margin,  shall  be  placed 
a  square,  in  which  the  voter  may  indicate  his  choice  by 
a  mark  (X),  and  one  such  mark  opposite  a  group  of  pres- 


14  THE  PRIMARY  ELECTION  LAW 

idential  electors  shall  be  counted  as  a  vote  for  each  elec- 
tor in  such  group.  The  relative  position  of  the  several 
groups  shall  be  determined  by  the  rules  applicable  to 
other  state  officers.  The  groups  of  electors  shall  be 
separated  by  a  blank  space  at  least  one  inch  in  width, 
and  no  blank  lines  shall  be  printed  therein  as  in  the  case 
of  other  candidates  or  groups.  Above  the  names  of  the 
electors  shall  be  printed  in  bold  type,  "Presidential  tick- 
et, vote  once  opposite  group."  The  state  ballot,  with 
the  required  heading,  shall  be  printed  below  the  elec- 
tors, with  a  blank  space  between,  one  inch  in  width. 
(30  ;  '01  c.  109) 

Sec.  176.  Party  name — Use  of  on  ballot — A  political 
party  which  has  adopted  a  party  name,  and  whose  state 
candidates,  or  any  of  them,  polled  at  the  preceding 
general  election  at  least  one  per  cent,  of  the  vote  cast, 
shall  be  entitled  to  the  exclusive  use  of  such  name  for  the 
designation  of  its  candidate  on  the  official  ballot,  and  no 
candidate  of  any  other  party  shall  be  entitled  to  have 
printed  thereon  as  a  party  designation  any  part  of  such 
name.  Nor  shall  any  person  be  named  on  the  official 
ballot  as  the  candidate  of  more  than  one  party,  or  of  any 
party  other  than  that  whose  certificate  of  his  nomination 
was  first  properly  filed.  (30;  '01  c.  312;  '03  c.  232) 

Sec.  177.  Form  of  other  ballots — The  blue  and  red 
ballots  shall  be  prepared  and  printed  as  nearly  as  may 
be  in  the  same  manner  as  the  white,  and,  when  a  general 
election  is  to  be  held  at  the  same  time,  the  several  tickets 
shall  be  arranged  in  the  same  order  as  on  the  white  bal- 
lots, regardless  of  the  vote  polled  in  any  particular  county 
or  municipality.  When  not  held  in  conjunction  with  a 
general  election,  the  local  party  tickets  shall  be  placed 
on  the  ballot  in  the  order  of  the  vote  polled  by  the  parties 
at  the  last  general  election  within  the  territory  in  which 
the  election  is  to  be  held.  (31) 

Sec.  178.  Ballot,  how  printed  on  back — On  the  back 
of  each  ballot  shall  be  printed,  in  plain  type  not  smaller 
in  size  than  great  primer,  the  words  ''Official  Ballot," 
the  date  of  the  election,  a  facsimile  of  the  official  signa- 
ture of  the  officer  under  whose  direction  the  ballot  is 
printed,  and  lines  for  the  initials  of  two  judges  of  election. 
Such  printing  shall  be  so  placed  as  to  be  visible  when  the 


OF  MINNESOTA  FOR  1905.  15 

ballot  is  properly  folded  for  deposite.  (32  ;  '01  c.  88  s.  1) 
Sec.  179.  Ballot  to  contain  only  candidates  properly 
nominated — Only  the  names  of  duly  nominated  candi- 
dates shall  be  placed  upon  the  ballots,  and  no  ballot  shall 
be  furnished  to  the  judges  of  any  district  which  contains 
the  name  of  a  candidate  who  cannot  properly  be  voted 
for  therein.  (34) 

Sec.  180.  Rotation  of  names,  when  required — When- 
ever two  or  more  persons  are  to  be  elected  to  the  same 
office,  the  names  of  all  candidates  of  the  several  political 
parties  for  such  office  shall  be  so  alternated  on  the  ballots 
used  in  each  election  district  that  they  shall  appear 
thereon  substantially  an  equal  number  of  times  at  the 
top,  at  the  bottom,  and  in  each  intermediate  place,  if  any, 
of  the  list  or  group  in  which  they  belong.  All  officers 
charged  with  the  preparation  and  distribution  of  such 
ballots  shall  cause  the  printer's  forms  to  be  so  transposed 
and  the  blocks  of  ballots  to  be  so  made  up  as  to  carry 
out  the  intent  hereof:  Provided,  that  nothing  in  this 
section  shall  apply  to  the  office  of  presidential  elector. 
(34;  '01  c.  88s.  3) 


NOMINATIONS  BY  DIRECT  VOTE. 

Sec.  181.  Primary  election — Purpose — Time  of  holding 
— Notice — On  Tuesday,  seven  weeks  preceding  any  elec- 
tion, an  election  of  party  nominees,  hereinafter  designated 
as  the  "primary  election,"  shall  be  held  in  each  election 
district  for  the  selection  of  party  candidates  for  all  elec- 
tive »ffices,  except  offices  of  towns,  villages  and  cities 
of  the  fourth  class,  and  state  offices,  and  members  of 
school,  park  and  library  boards  in  cities  having  less  than 
one  hundred  thousand  inhabitants.  Every  town,  city  and 
village  clerk  shall  give  at  least  fifteen  days'  posted  notice 
of  the  time  and  place  of  holding  the  same,  of  the  hours 
during  which 'the  polls  will  be  open,  and  of  the  offices 
for  which  candidates  are  to  be  nominated.  The  day  of 
such  primary  election  shall  be  the  first  day  of  registra- 
tion. ('99  c.  349  ss.  1,  7;  '01  c.  216  s.  1) 

Sec.  182.  Political  party  defined — Nominations,  how 
made — A  political  party,  within  the  meaning  of  this 


16  THE  PRIMARY  ELECTION  LAW 

chapter,  is  one  which  shall  have  maintained  in  the  district 
or  territorial  division  in  question  a  party  organization, 
and  presented  candidates  for  election,  at  three  or  more 
biennial  elections  within  the  preceding  ten  years ;  or 
whose  members,  to  a  number  equal  to  at  least  ten  per 
cent,  of  the  total  number  of  votes  cast  at  the  preceding 
general  election  in  the  county  where  the  application  is 
made,  shall  present  to  the  auditor  a  petition  for  a  place 
upon  the  primary  election  ticket.  Candidates  for  office 
shall  be  chosen  by  the  several  political  parties  at  such 
primary  election,  and  not  otherwise;  but  nothing  herein 
shall  prevent  the  nomination  of  candidates  by  groups, 
individuals,  or  so-called  political  parties  which  cannot 
be  recognized  as  such,  by  certificate  of  voters  to  the 
number  hereinafter  specified.  ('99  c.  349  s.  2) 

Sec.  183.  Election  districts  for  primary  elections — 
The  primary  election  shall  be  held,  in  the  several  districts 
established  for  the  election  next  ensuing,  at  the  place 
where  the  last  election  was  held,  or  such  other  place  as 
may  be  lawfully  fixed.  All  officers  required  by  law  to 
establish,  divide,  or  combine  election  districts  shall  per- 
form their  duties  in  that  behalf  at  least  two  weeks  prior 
to  such  election.  The  maps  or  descriptions  of  districts 
shall  be  posted  at  least  one  week  preceding  such  election, 
and  copies  thereof  shall  be  furnished  to  the  judges  of 
election.  ('99  c.  349  ss.  3,  7) 

Sec.  184.  Names  of  candidates,  when  placed  on  pri- 
mary ballot — At  least  twenty  days  before  the  primary 
election,  any  person  eligible,  and  desirous  of  having  his 
name  placed  upon  the  primary  ballot  as  a  candidate  for 
any  office,  shall  file  his  affidavit  with  the  secretary  of 
state  when  to  be  voted  for  in  more  than  one  county,  and 
with  the  county  auditor  when  in  a  single  county,  stating 
his  residence,  that  he  is  a  qualified  voter  in  the  subdivi- 
sion where  he  seeks  a  nomination,  the  name  of  his  party, 
and  the  office  for  which  he  desires  to  be  a  candidate ;  that 
he  affiliated  with  said  party  at  the  last  general  election, 
and,  either  that  he  did  not  vote  thereat  or  voted  for  a 
majority  of  the  candidates  of  said  party  at  such  election 
and  intends  to  so  vote  at  the  ensuing  election.  If  the 
office  be  one  for  which  pecuniary  compensation  is  pro- 
vided, upon  payment  of  twenty  dollars  to  the  secretary 


OP  MINNESOTA  FOR  1905.  17 

of  state  when  the  affidavit  or  petition  is  filed  with  him, 
and  ten  dollars  to  the  auditor  when  filed  with  him,  the 
auditor  shall  place  such  name  upon  the  primary  election 
ballot  of  the  party  designated.  ('99  c.  349s.  4;  '01  c. 
216  s.  2) 

Sec.  185.  Order  of  filing — Fees,  how  disposed  of — 
The  secretary  of  state  and  county  auditor  respectively 
shall  number  each  affidavit  and  petition  in  numerical 
order  as  received.  The  auditor  shall  immediately  pay 
to  the  city  treasurer  all  fees  paid  by  candidates  for  city 
offices,  and  all  other  fees  received  from  candidates  to  the 
county  treasurer ;  but  no  fees  shall  be  required  from  any 
candidate  for  an  office  to  which  no  compensation  is  au- 
thorized to  be  paid.  Immediately  after  the  last  day  for 
filing  nomination  affidavits  or  petitions,  the  secretary 
of  state  shall  divide  the  amount  of  all  fees  paid  to  him 
by  candidates  equally  between  the  counties  within  which 
such  candidates  are  to  be  voted  for,  and  certify  such  di- 
vision to  the  state  auditor,  who  shall  issue  warrants 
therefor  on  the  state  reasurer  for  the  amount  due  to  each 
county.  ('99  c.  349  s.  4;  '01  c.  216  s.  2) 

Sec.  186.  Voting  to  be  by  ballot— Sample  ballot— All 
voting  at  a  primary  election  shall  be  by  ballot.  On  the 
nineteenth  day  before  a  primary  election  the  secretary 
of  state  shall  certify  to  the  auditors  of  the  several  coun- 
ties the  names  of  all  nominees  to  be  voted  for  within 
such  counties  whose  certificates  have  been  properly  filed 
with  him,  and  on  the  fourteenth  day  before  such  pri- 
mary each  auditor  shall  group  all  candidates  of  each 
party  by  themselves,  and  prepare  for  public  inspection 
a  separate  sample  ballot  for  each  party.  The  names  shall 
be  arranged  alphabetically  according  to  the  surnames, 
and  he  shall  post  the  sample  ballot  in  a  conspicuous  place 
in  his  office,  and  give  two  weeks'  published  notice  there- 
of. One  sample  ballot  only  of  each  party  shall  be  printed 
for  any  county,  and  thereon  shall  be  placed  the  names  of 
all  candidates  to  be  voted  for  in  such  county.  Each  bal- 
lot shall  be  headed  by  the  party  name,  the  words  "Pri- 
mary Election  Ballot,"  the  names  of  the  county  and 
state,  and  a  facsimile  of  the  official  signature  of  the  au- 
ditor preparing  it.  Otherwise  the  ballot  shall  be  arranged 
in  the  same  general  manner  as  the  ballot  used  at  elec- 


18  THE  PRIMARYjiELECTIONgLAW 

tions,  with  suitable  divisions  and  explanatory  notes. 
Only  one  sample  ballot  for  each  party  need  be  printed 
for  any  city,  and  thereon  shall  be  placed  the  names  of 
all  the  candidates  to  be  voted  for  in  the  entire  city,  those 
to  be  voted  for  in  any  single  ward  being  indicated  by  the 
words  and  figures  "1st  Ward,"  "2nd  Ward,"  and  so  on 
At  the  foot  of  the  ballot  shall  be  placed  the  heading 
"Ballot  for  Women,"  under  which  shall  be  placed  the 
names  of  candidates  to  be  voted  by  women.  ('99  c.  349 
s.  5;  '01  c.  216  s.  3) 

Sec.  187.  Preparation  of  ballots — Rotation  of  names 
—The  auditor  shall  have  printed  a  sufficient  number  of 
separate  primary  election  ballots  for  each  political  party, 
varied  as  may  be  necessary  for  the  several  districts  and 
wards.  The  names  of  candidates,  under  headings  desig- 
nating each  official  position,  shall  be  alternated  on  the 
ticket  in  the  printing  as  in  the  case  of  election  ballots. 
There  shall  be  no  printing  on  the  back  of  the  ballots,  or 
any  mark  to  distinguish  them  except  the  initials  of  the 
judge  or  clerk.  ('99  c.  349  s.  6) 

Sec.  188.  Election  officers  to  act  at  primary  election — 
The  judges  and  clerks  of  election  shall  act  on  the  day  of 
such  primary  election  both  as  judges  and  clerks  of  such 
election  and  as  registration  officers,  and  vacancies  may 
be  filled  and  additional  appointments  made  as  in  the  case 
of  elections.  They  shall  receive  no  additional  pay  on 
account  of  such  extra  service.  ('99  c.  349  s.  8) 

Sec.  189.  Register — The  blanks  provided  for  registra- 
tion of  voters  for  general  elections  shall  have  an  addi- 
tional column,  headed  "Voted,  Primary  Election,"  and 
be  used  at  such  election.  No  names  of  voters  shall  be 
placed  upon  said  register  prior  to  the  day  of  such  election, 
nor  shall  any  be  placed  thereon  upon  said  day,  in  any 
city,  except  the  names  of  those  who  appear  in  person 
before  the  boards  of  registration  for  that  purpose.  ('99 
c.  349  s.  8) 

Sec.  190.  Polling  places— Peace  officers— Ballot  boxes 
— So  far  as  they  shall  be  applicable,  all  provisions  of  this 
chapter  relating  to  the  location  and  arrangement  of 
polling  places,  peace  officers,  procuring  registers,  ballots, 
boxes,  and  other  supplies,  opening  polling  places,  and 
in  reference  to  challengers  and  gatekeepers,  shall  apply 


OP  MINNESOTA  FOR  1905.  19 

to  primary  elections;  except  that  only  one  ballot  box 
for  men  and  one  for  women  shall  be  required.  ('99  c. 
349  ss.  13,  14) 

Sec.  191.  Hours  for  voting — The  polls  shall  be  kept 
open  from  6  o'clock  a.  m.  until  9  o'clock  p.  m.,  and  the 
officers  shall  remain  in  session  during  the  same  hours  for 
the  registration  of  voters.  If  at  the  hour  of  closing  there 
are  any  voters  in  the  polling  place,  or  in  line  at  the 
door,  who  are  qualified  to  register  and  vote,  and  have  not 
been  able  to  do  so  since  appearing,  the  polls  shall  be 
kept  open  a  sufficient  time  to  enable  them  to  register 
and  vote.  But  no  one  not  present  at  the  hour  of  closing 
shall  be  entitled  to  register  and  vote,  although  the  polls 
were  not  closed  when  he  arrived.  No  adjournment  or 
intermission  shall  be  taken  except  as  provided  in  the 
case  of  elections.  ('99  c.  349  s.  15) 

Time  for  keeping  polls  open — All  present  may  vote — 
The  polls  in  the  several  election  districts  on  the  pri- 
mary election  day  shall  be  kept  open  for  the  purpose 
of  voting,  and  the  same  officers  shall  remain  in  ses- 
sion for  the  purpose  of  registration  of  voters,  for  the 
same  length  of  time,  which  shall  be  from  nine  (9)  o'clock 
in  the  morning  until  nine  o'clock  in  the  evening,  in 
towns,  and  from  six  (6)  o'clock  in  the  morning  until 
nine  (9)  o'clock  in  the  evening  in  cities  and  villages  and 
in  places  where  incorporated  villages  and  townships  are 
one  election  precinct.  If  at  the  hour  of  closing  there  are 
any  electors  in  the  polling  place,  or  in  line  at  the  door, 
desiring  to  vote,  and  who  are  qualified  to  register  and 
participate  therein,  and  have  not  been  able  to  do  so  since 
appearing  at  the  poling  place,  said  polls  shall  be  kept 
open  reasonably  long  enough  after  the  hour  for  closing 
to  allow  those  present  at  that  hour  to  register  and  vote. 
No  one  not  present  at  the  hour  of  closing  shall  be  en- 
titled to  register  and  vote  because  the  polls  may  not  ac- 
tually be  closed  when  he  arrives. 

Announcing  result — No  adjournment  or  intermission 
whatever  shall  take  place  until  the  polls  shall  be  closed 
and  until  all  the  votes  cast  at  such  polls  have  been 
counted  and  the  result  publicly  announced ;  but  this 
shall  not  be  deemed  to  prevent  any  temporary  recess 
while  taking  meals  or  other  necessary  delay,  provided 


20  THE  PRIMARY  ELECTION  LAW 

that  the  board  shall  remain  in  session  and  that  no  more 
than  one  member  of  the  board  of  election  shall  at  any 
time  be  absent  from  the  polling  place.  (1905  c.  92) 

Sec.  192.  Qualification  of  voters — Manner  of  voting — 
Every  person  qualified  as  a  voter  may  register  therein 
and  vote  at  such  primary  election.  Having  registered., 
and,  in  case  of  challenge,  the  same  having  been  deter- 
mined in  his  favor,  he  shall  be  entitled  to  a  ballot  of  the 
political  party  whose  candidates  he  shall  declare  (under 
oath  if  his  right  thereto  is  questioned)  that  he  generally 
supported  at  the  last  election  and  intends  to  support  at 
that  next  ensuing,-  except  that  when  voting  for  the  first 
time  he  shall  not  be  required  to  declare  his  past  politi- 
cal affiliation.  Such  ballot  shall  be  so  indorsed  with  the 
initials  of  two  of  the  judges  that  the  same  will  show 
when  folded.  He  shall  be  instructed  by  one  of  the 
judges  as  to  the  proper  method  of  marking  and  folding 
his  ballot,  and  shall  then  retire  to  an  unoccupied  booth, 
and  without  undue  delay  mark  the  same  with  the  indel- 
ible pencil  there  found.  If  he  shall  spoil  or  deface  such 
ballot  he  shall  at  once  return  the  same  and  receive 
another.  ("99  c.  349  ss.  16,  17;  '01  c.  216  s.  4) 

Sec.  193.  Marking  primary  ballots — The  voter  shall 
designate  his  choice  on  the  ballot  by  marking  a  cross  (X) 
in  the  small  square  opposite  the  name  of  each  candidate 
for  whom  he  wishes  to  vote.  If  he  shall  mark  more 
names  than  there  are  candidates  to  be  nominated  for  any 
office,  or  if  for  any  reason  it  be  impossible  to  determine 
his  choice  for  any  office,  his  ballot  shall  not  be  counted 
for  such  office;  but  the  rest  of  his  ballot,  if  properly 
marked,  shall  be  counted.  No  ballot  shall  be  rejected  for 
any  technical  error  which  does  not  render  it  impossible 
to  determine  the  voter's  choice,  even  though  such  bal- 
lot be  somewhat  soiled  or  defaced.  ('99  c.  349  s.  17) 

Sec.  194.  Folding  and  depositing  ballot — When  a 
voter  has  marked  his  ballot,  he  shall  fold  it  so  that  its 
face  will  be  concealed  and  only  the  initials  on  the  back 
be  visible,  and  hand  the  same  to  the  judge  in  charge  of 
the  boxes;  Such  folded  ballot  shall  be  placed  in  the  prop- 
er box,  and  the  name  of  the  voter  checked  upon  the 
register  in  the  column  headed  "Primary  Election."  So 
far  as  applicable,  all  provisions  of  this  chapter  relating 


OF  MINNESOTA  FOR  1905.  21 

to  false  registration,  defacing  posted  lists,  time  allowed 
employes  for  voting,  ballots,  voting  room,  removal  from 
district,  regulations  at  polling  places,  challenge  of  voters, 
rules  for  marking  ballots,  methods  of  voting,  violations 
of  such  provisions,  and  penalties,  shall  be  observed  and 
enforced.  ('99  c.  349  s.  18;  '01  c.  216  s.  5) 

Sec.  195.  Preliminary  to  canvass — As  soon  as  the  polls 
are  closed,  and  before  the  boxes  are  opened,  the  judges 
and  clerks  shall  prepare  upon  a  blank  furnished  by  the 
auditor  a  statement  substantially  as  follows:'  "Poll-list 
statement  of  primary  election  held  in  (name  of  election 
district,  town,  village,  or  city,  and  date).  The  number 
of  persons  whose  names  appear  upon  the  register  as 
present  at  the  above  named  primary  election  was 

,  of  whom were  women.  The 

number  of  ballots  cast  by  men  was ,  and  the 

number  cast  by  women  was "  Such  state- 
ment shall  have  the  blanks  for  numbers  filled  by  words 
and  figures,  and  shall  be  signed  by  each  judge  and  at- 
tested by  each  clerk.  Such  judges  and  clerks  shall  place 
in  the  register  column  headed  "Voted,  Primary  Elec- 
tion," the  word  "No"  opposite  the  name  of  every  person 
who  did  not  vote.  ('99  c.  349  s.  19) 

Sec.  196.  Canvass  of  votes— They  shall  then  take  the 
ballots  from  the  boxes,  count  those  cast  by  each  party, 
place  them  in  a  separate  pile  and  fasten  them  together, 
count  all  the  votes  for  each  party  separately,  certify  to 
the  number  of  votes  cast  for  each  party  candidate  for  the 
several  offices,  and  replace  the  counted  ballots  in  a  box 
together.  They  shall  seal  the  returns  for  all  parties  in 
one  envelope  and  return  the  same  to  the  auditor.  Except 
as  herein  otherwise  provided,  all  the  provisions  of  this 
chapter  relating  to  the  count,  canvass,  and  return  of 
votes  shall  be  applicable.  ('99  c.  349  s.  20;  '01  c.  216  s.  6) 

Sec.  197.  Tally  sheets  and  returns — The  auditor  shall 
furnish  to  each  district,  with  the  ballots,  two  books  or 
sets  of  tally  sheets  for  each  political  party  having  candi- 
dates to  be  voted  for.  Each  sheet  or  book  shall  be 
headed :  "Tally  sheet  for (name  of  politi- 
cal party),  (name  of  city  or  village), 

(county),  (ward  or  town), 

election  district,  for  a  primary  election 


22  THE  PRIMARY  ELECTION  LAW 

held (date)."      The    names    of     candidates 

shall  be  placed  on  the  tally  sheets  in  the  order  in  which 
they  appear  on  the  official  sample  ballots,  and  in  each 
case  shalj  have  the  proper  party  designation  at  the  head 
thereof.  ('99  c.  349  ss.  21,  22) 

Sec.  198.  County  canvassing  board — The  county  can- 
vassing board  shall  consist  of  the  clerk  of  the  district 
court,  auditor,  and  chairman  of  the  county  board,  to- 
gether with  two  justices  of  the  peace  of  the  county 
selected  by  a  judge  of  the  district  court  from  political 
parties  opposed  to  that  of  the  majority  of  those  above 
mentioned,  when  possible.  But  no  candidates  for  a 
nomination  shall  serve  on  said  board,  and  the  places  of 
any  so  disqualified  shall  be  filled  by  such  judge  by  the 
appointment  of  qualified  voters  not  holders  of  any  public 
office.  Such  board  shall  meet  at  the  courthouse  at  10 
o'clock  a.  m.  on  the  second  day  after  the  primary  election, 
take  the  oath  of  office,  and  publicly  canvass  the  returns 
made  to  the  auditor.  Three  members  shall  constitute  a 
quorum,  and  it  shall  complete  the  canvass  by  the  even- 
ing of  the  third  day  following  the  primary  election. 
('99  c.  349  s.  23;  '01  c.  216  s.  7) 

Sec.  199.  Same — Report — The  canvassing  board  shall 
prepare,  sign,  and  file  with  the  county  auditor  the  fol- 
lowing report : 

1.  A  separate  statement  for  each  political  party  of 
the  names  of  all  candidates  thereof  voted  for  at  the 
primary  election,  with  the  number  of  votes  received  by 
each,  and  for  what  office. 

2  A  separate  statement  of  the  names  of  the  candi- 
dates of  each  political  party  who  are  nominated;  that  is, 
the  candidates  in  each  party  who  received  the  highest 
number  of  votes  for  the  respective  nominations. 

3.  A  statement  of  the  whole  number  of  voters  regis- 
tered, and  the  number  of  ballots  cast  at  such  primary 
election,  men  and  women  separately. 

Whenever  two  or  more  candidates  of  the  same  party 
receive  an  equal  number  of  votes  for  the  same  nomina- 
tion, the  board  shall  determine  the  tie  by  lot.  Upon  the 
completion  of  the  canvass,  and  on  or  before  10  o'clock 
a.  m.  on  the  fourth  day  succeeding  the  canvass,  the  au- 
ditor shall  certify  to  the  secretary  of  state  the  vote,  as 


OP  MINNESOTA  FOR  1905.  23 

shown  by  such  report,  for  all  candidates  to  be  voted  for 
in  more  than  one  county,  and  shall  mail  or  deliver,  to 
each  nominee  to  be  voted  for  in  his  county  alone,  a 
notice  of  his  nomination,  and  that  his  name  will  be 
placed  upon  the  official  ballot  upon  payment  of  the  legal 
fee  within  the  time  therein  named,  the  amount  of  which 
fee  shall  be  stated.  ('99  c.  349  s.  24;  '01  c.  216  s.  8) 

Sec.  200.  State  canvassing  board — The  state  canvass- 
ing board,  as  constituted  for  canvassing  the  returns  of 
general  elections,  shall  open  and  canvass  the  returns  of 
a  primary  election  made  to  the  secretary  of  state,  at 
the  usual  place  and  hour  of  meeting,  on  the  seventh  day 
after  such  primary  election.  It  shall  determine  ties  be- 
tween candidates  as  in  the  case  of  general  elections.  Up- 
on the  completion  of  the  canvass,  the  secretary  of  state 
shall  certify  to  the  several  auditors  the  names  of  the 
persons  found  to  be  nominated,  and  mail  to  each  nominee 
a  notice  of  his  nomination,  and  that  his  name  will  be 
placed  upon  the  official  ballot  upon  the  payment  of  the 
required  fee,  the  amount  of  which  shall  be  stated.  ('99 
c.  349  s.  24;  '01  c.  216  s.  8) 

Sec.  201  Nominees  of  political  parties — The  persons 
certified  by  such  canvassing  boards  to  be  nominated  shall 
constitute  the  nominees  of  the  several  political  parties, 
and  their  names  shall  be  printed  upon  the  official  ballots 
prepared  for  the  ensuing  election  in  like  manner  as  if 
such  persons  had  been  duly  nominated  by  party  con- 
ventions of  delegates,  with  the  certificate  thereof  filed 
as  required  by  law.  But  no  name  shall  be  placed  upon 
such  ballot  unless  the  required  fee  is  paid.  ('99  c.  349  s. 
25;  '01  c.  216  s.  9) 

Sec.  202.  Review  by  courts — Whenever  it  shall  be 
made  to  appear  by  affidavit  to  any  judge  of  the  supreme 
court,  or  of  the  district  court  of  the  proper  county,  that 
an  error  or  omission  has  occurred  or  is  about  to  occur 
in  the  placing  of  any  name  on  an  official  primary  election 
ballot,  that  any  error  has  been  or  is  about  to  be  com- 
mitted in  printing  such  ballot,  or  that  any  wrongful  act 
has  been  or  is  about  to  be  done  by  any  judge  or  clerk 
of  a  primary  election,  county  auditor,  canvassing  board, 
member  thereof,  or  other  person  charged  with  any  duty 
concerning  the  primary  election,  or  that  any  neglect  of 


24  THE  PRIMARY  ELECTION  LAW 

duty  has  occured  or  is  about  to  occur,  such  judge  shall 
order  the  officer  or  person  charged  with  such  error, 
wrong,  or  neglect  to  forthwith  correct  the  error,  desist 
from  the  wrongful  act,  or  perform  the  duty,  or  forthwith 
show  cause  why  he  should  not  do  so.  Failure  to  obey 
the  order  of  such  judge  shall  be  contempt  of  court.  ('99 
c.  349  s.  27) 

Sec.  203.  Contests  for  nomination — Any  candidate  at 
a  primary  election  desiring  to  contest  the  nomination  of 
another  candidate  for  the  same  office  may  proceed  by 
affidavit  within  five  days  after  the  completion  of  the  can- 
vass, as  specified  in  §  202 ;  and  the  contestee  shall  be  re- 
quired by  the  order  of  such  judge  to  appear  and  abide 
the  further  order  of  the  court-  made  therein.  ('99  c.  349 
s.  27) 

NOMINATION    BY    CONVENTION. 

Sec.  204.  Delegates,  how  and  when  selected — Notice 
—Candidates  whose  nominations  are  not  required  to  be 
made  by  a  primary  election  may  be  nominated  by  a  dele- 
gate convention  called  for  the  purpose.  The  authorized 
county  or  city  committee  of  any  political  party,  at  least 
twenty  days  before  the  time  fixed  for  the  election  of 
delegates,  shall  give  two  weeks'  published,  and  at  least 
six  days'  posted,  notice  of  primaries  for  the  purpose  of 
electing  the  number  of  delegates  to  which  each  district 
is  entitled,  and  of  the. offices  for  which  nominations  arc 
to  be  made.  Except  as  otherwise  especially  provided, 
such  primaries  shall  be  conducted  in  accordance  with 
the  provisions  of  this  chapter  relating  to  primary  elec- 
tions, in  so  far  as  the  same  can  be  applied.  All  such 
primaries  shall  be  held  at  the  regular  polling  places, 
and  those  of  each  county  on  the  same  day,  at  an  hour 
thereof  between  2  and  9  o'clock  p.  m.  appointed  by  the 
committee  calling  the  convention,  and  shall  be  kept  open 
for  at  least  one  hour.  ('95  c.  276  ss.  2,  4) 

Sec.  205.  Conventions  to  elect  delegates — When  the 
delegates  so  chosen  are  to  form  a  convention  for  the 
election  of  delegates  to  a  state  convention  or  to  that  of 
a  district  of  the  state  larger  than  a  county,  the  party 
conventions  of  the  several  counties  shall  all  be  held  on 


OF  MINNESOTA  FOR  1905.  25 

the  same  day.  Such  state  or  district  conventions  shall 
be  called  by  the  authorized  party  committee  of  such  state 
or  district,  substantially  as  prescribed  in  §  204:,  and  the 
day  for  holding  the  county  conventions  shall  be  named 
in  the  call.  ('95  c.  276  s.  8) 

Sec.  206.  Conduct  of  election — At  the  hour  appointed 
for  holding  such  primaries  the  chairman  or  secretary  of 
the  party  committee  of  the  district,  or,  if  neither  be 
present,  some  member  of  the  party  who  is  a  voter  in  the 
district,  shall  call  the  meeting  to  order.  Those  present 
and  qualified  to  vote  at  such  election  shall  choose  from 
their  number,  viva  voce,  a  chairman,  clerk,  and  two 
judges  of  the  election.  The  delegates  shall  be  chosen  by 
ballot,  and  each  may  contain  as  many  names  as  there  are 
delegates  to  be  elected  from  the  district.  If  more  be 
placed  thereon,  the  ballot  shall  be  void.  Those  receiv- 
ing the  highest  number  of  votes  shall  be  declared  elected, 
and,  if  there  be  a  tie,  the  judges  and  clerk  shall  deter- 
mine it  by  lot.  ('95  c.  276  s.  4;  '97  c.  125) 

Sec.  207.  Same — Who  may  vote — Change  of  party — 
The  chairman  shall  preside,  and  may  administer  the  oath 
to  the  judges  and  clerk  and  to  those  whose  right  to  vote 
is  challenged.  Only  those  shall  vote  at  the  primary  who 
affiliated  with  the  party  at  the  preceding  general  election ; 
but  if  any  voter  of  the  district  shall  satisfy  the  judges  by 
his  oath  that  he  did  not  vote  at  the  last  general  election 
or  voted  and  affiliated  with  the  political  party  holding 
such  primaries  at  the  last  general  election  and  intends 
to  so  vote  and  affiliate  at  the  ensuing  election,  his  vote 
shall  be  received.  No  person  shall  vote  for  the  delegates 
of  more  than  one  party  in  any  calendar  year.  ('95  c.  276 
ss.  4,  5) 

Sec.  208.  Same — Announcing  result — Certificates  and 
lists — The  clerk  shall  keep  a  record  of  the  proceedings 
of  such  primary,  and  may  administer  the  oath  to  the 
chairman.  The  judges  shall  receive  and  count  the  bal- 
lots of  all  having  the  right  to  vote  at  the  primary,  and 
none  others.  They  shall  record  the  names  and  addresses 
of  all  persons  voting.  Both  judges  and  clerk  shall  sub- 
scribe the  oath  required  of  judges  and  clerk  of  elections. 
At  the  closing  of  the  polls  they  shall  count  the  ballots 
and  report  the  same  to  the  chairman,  who  shall  publicly 


26  THE  PRIMARY  ELECTION  LAW 

announce  the  result  forthwith.  The  chairman  and  clerk 
shall  then  furnish  each  delegate  elected  with  a  certificate 
of  his  election,  and  transmit  to  the  chairman  of  the  com- 
mittee calling  the  primary  a  list  of  the  names  and  ad- 
dresses of  the  persons  who  voted  thereat.  ('95  c.  276  s.  6) 

Sec.  209.     Provisions  not  applicable  in  certain  cases — 

The  provisions  of  this  chapter  relating  to  conventions 
shall  not  apply  to  primaries  in  villages,  towns,  or  school 
districts.  The  provisions  relating  to  notice  of  delegate 
primaries  shall  not  apply  to  the  choice  of  delegates  to 
a  convention  held  to  nominate  candidates  to  be  voted 
for  at  a  special  election,  but  such  conventions,  and  the 
elections  to  choose  delegates  thereto,  may  be  called  and 
held  in  such  manner,  and  at  such  times  and  places,  as 
the  proper  party  committees  may  determine.  ('95  c.  276 
s.  2;  '97  c.  137) 

Sec.  210.  Vacancies — If  an  elected  delegate  for  ariy 
reason  fails  to  serve,  his  place  shall  be  filled,  fr.om  the 
voters  of  his  party  in  his  district,  by  the  remainder  of 
the  delegation.  If  no  such  voter  be  present  at  the  con- 
vention, the  delegates  present  may  cast  the  full  vote. 
And,  if  an  entire  delegation  shall  fail  to  attend,  the  con- 
vention may  select  qualified  voters  of  the  party  resid- 
ing in  the  district,  if  such  be  present,  to  act  in  lieu  there- 
of. ('95  c.  276  s.  9) 

Sec.  211.  Nominations — How  certified — The  certifi- 
cate of  nomination  of  a  candidate  selected  by  convention 
shall  be  signed  and  certified  by  the  presiding  officer  and 
secretary  thereof,  who  shall  also  take  and  subscribe  an 
oath  that  the  facts  stated  in  the  certificate  are  true;  and 
the  secretary  shall  immediately  deliver  such  certificate 
of  nomination  to  the  officer  charged  with  directing  the 
printing  of  the  ballots  upon  which  the  name  is  to  be 
placed ;  and,  in  case  he  shall  neglect  to  do  so,  he  shall  be 
guilty  of  a  misdemeanor.  (38) 

Sec.  212.  Convention  defined — A  convention,  within 
the  meaning  of  this  chapter,  is  an  organized  body  of 
delegates,  representing  a  political. party,  assembled  for 
the  purpose  of  nominating  candidates  for  office,  which 
party  at  the  last  general  election  before  the  holding  of 


OF  MINNESOTA  FOR  1905.  27 

such  convention  polled  at  least  one  per  cent,  of  the  en- 
tire vote  cast  in  the  state,  county,  or  other  district  for 
which  the  nomination  is  made.  (39) 


NOMINATION  BY  VOTERS. 

Sec.  213.  Certificate — Number  of  signatures — The  cer- 
tificate of  the  nomination  of  a  candidate  otherwise  than 
by  convention  or  primary  shall  be  signed  by  voters  resi- 
dent within  the  district  or  political  division  from  which 
the  candidate  is  presented,  to  the  numbers  following 
respectively:  If  for  a  state  office,  one  per  cent.,  not  ex- 
ceeding two  thousand;  if  for  a  congressional  or  judicial 
district  office,  five  per  cent.,  not  exceeding  five  hundred, 
if  for  any  other  office,  ten  per  cent;  such  percentages  in 
each  case  being  of  the  entire  vote  cast  at  the  last  preced- 
ing election.  Such  certificate  shall  be  filed  in  the  same 
manner  as  that  of  a  convention.  A  defeated  candidate  at 
the  primary  election  shall  be  ineligible  for  nomination 
for  the  same  office  under  the  provisions  of  this  section. 
(40;  '95  c.  135) 

Certificates  of  nomination — The  certificate  of  nomina- 
tion of  a  candidate  selected  otherwise  than  by  conven- 
tion of  delegates  shall  be  signed  only  after  the  holding 
of  the  regular  primary  election  by  electors  resident 
within  the  district  or  political  division  from  which  the 
candidate  is  presented,  as  follows: 

1  Per  cent  of  signatures — If  for  a  state  office  on  a  state 
ticket  equal  to  one  per  cent  (1  per  cent)  of  the  entire 
vote  of  the  state  cast  at  the  last  preceding  general  elec- 
tion ;  if  for  a  congressional  or  judicial  district  office,  by 
five  per  cent  (5  per  cent)  of  the  entire  vote  cast  in  any 
such  district  at  the  last  preceding  general  election;  and 
if  for  a  count}-,  legislative  or  municipal  office,  by  ten 
per  cent  (10  per  cent)  of  the  entire  vote  cast  in  any 
such  county,  city,  village,  ward  or  other  election  dis- 
trict at  the  last  preceding  general  election. 

Provided,  that  the  number  of  signatures  required  shall 
not  exceed  two  thousand  (2,000)  for  any  state  office,  nor 
five  hundred  (500)  for  any  congressional  or  judicial  dis- 
trict, nor  for  any  other  office.  (1905. c.  134) 


28  THE  PRIMARY  ELECTION  LAW 

Sec.  214.  Form  of  certificate — Such  certificate  of  nomi- 
nation, which  may  consist  of  one  or  more  writings,  shall 
contain  the  name  of  the  person  nominated,  the  office  for 
which  he  is  nominated,  the  party  or  political  principle  he 
represents,  expressed  in  not  more  than  three  words,  and 
his  place  of  residence,  with  street  and  number  thereof, 
if  any.  In  case  of  presidential  electors,  the  names  of  the 
candidates  for  President  and  Vice-President  may  be 
added  to  the  party  or  political  appellation.  (37) 

Sec.  215.  But  one  name  in  certificate — Petitioners,  how 
limited — All  nominating  certificates  containing  the  names 
of  more  than  one  candidate  shall  be  void.  No  person 
shall  sign  a  certificate  of  nomination  by  voters  until  after 
the  date  of  the  primary  election.  No  person  who  has 
voted  at  a  primary  shall  be  eligible  as  a  petitioner  for 
any  nomination  to  an  office  for  which  nominees  were 
voted  upon  at  such  primary.  Nor  shall  any  person  join 
as  a  petitioner  in  nominating  more  than  one  candidate 
for  the  same  office,  unless  more  than  one  person  is  to 
be  elected  thereto;  in  which  case,  if  eligible,  he  may  pe- 
tition for  as  many  candidates  therefor  as  there  are  per- 
sons to  be  chosen.  (41,  43;  '03  c.  90) 

Sec.  216.  Oath  of  signers — Following  the  facts  re- 
quired to  be  stated  in  each  certificate  signed  by  voters, 
shall  be  written  or  printed  an  oath  in  the  following  form : 
"I  solemnly  swear  (or  affirm)  that  I  know  the  contents 
and  purpose  of  this  certificate,  and  signed  the  same  of 
my  own  free  will."  Each  signer,  at  the  time  of  signing, 
shall  be  sworn  as  aforesaid.  (42) 


GENERAL  PROVISIONS. 

Sec.  217 — Vacancy  after  nomination — If  a  vacancy 
occurs  after  nominations  have  been  made,  it  may  be  filled 
at  any  time,  before  the  official  ballot  is  posted,  by  filing 
with  the  proper  officer  a  nomination  certificate,  in  form 
and  substance  as  hereinbefore  provided,  executed  by  the 
chairman  and  secretary  of  the  proper  committee  of  the 
party  making  the  original  nomination,  under  such  regu- 
lations, if  any,  as  the  convention  shall  have  adopted ; 
otherwise  under  the  direction  of  such  committee.  (45) 


OF  MINNESOTA  FOR  1905.  29 

Sec.  218.  Vacancy  after  printing  ballots — If  the  bal- 
lots have  been  printed,  the  proper  committee  may  fill 
such  vacancy  by  nomination,  and  the  chairman  thereof 
may  supply  the  judges  in  each  district  in-  -which  such 
candidate  is  to  be  voted  for  with  a  number  of  adhesive 
pasters,  containing  only  the  name  of  such  candidate,  at 
least  equal  to  the  number  of  ballots  furnished;  but  no 
pasters  shall  be  delivered  to,  or  received  by,  any  person 
whatever  except  such  judges,  who  shall  personally  affix 
one  in  the  proper  place  on  each  ballot  before  placing 
their  initials  thereon.  If  such  vacancy  occur  before  the 
official  ballots  have  been  distributed  by  the  secretary  of 
state,  county  auditor,  or  city  clerk,  such  pasters  may  be 
delivered  to  such  officers,  who  shall  transmit  them  with 
the  ballots;  and  the  judges,  on  receiving  the  same,  shall 
affix  them  as  hereinbefore  provided.  (46) 

Sec.  219.  Candidates  in  more  than  one  county  nomi- 
nated by  voters — Whenever  the  nomination  of  a  candi- 
date to  be  voted  for  in  any  district  larger  than  a  single 
county  is  made  by  voters  certificate,  the  original  thereof 
shall  be  filed  with  the  auditor  of  the  county  where  the 
candidate  resides,  and  such  auditor  shall  certify  as  many 
copies  thereof,  if  presented  to  him,  as  there  are  other 
counties  in  the  district,  one  of  which  certified  copies  shall 
be  filed  within  the  proper  time  with  the  auditor  of  each 
such  county,  and  shall  be  authority  for  such  auditor  to 
place  the  name  upon  the  blue  ballots.  (47) 

Sec.  220.  Errors  in  printing  ballots  or  certifying  nomi- 
nations— Whenever  it  shall  appear  by  affidavit  presented 
to  any  judge  of  the  supreme  or  district  court  that  an  error 
or  omission  has  occured  in  the  printing  of  the  name  or 
description  of  any  candidate  on  official  ballots,  or  that 
any  other  error  has  been  committed  in  preparing  or  print- 
ing the  ballots,  or  that  the  president  or  secretary  of  any 
convention  has  failed  to  properly  make  or  file  any  certifi- 
cate of  nomination,  or  that  the  canvassing  board  of  any 
primary  election  has  failed  to  make  and  certify  any  nomi- 
nation, or  that  the  name  of  any  person  has  been  wrong- 
fully placed  upon  the  ballots  as  a  candidate,  such  judge 
shall  immediately  order  the  officer  or  person  charged 
with  the  error  or  neglect  to  forthwith  correct  the  same, 
or  perform  his  duty,  or  show  cause  why  such  error  should 


30  THE  PRIMARY  ELECTION  LAW 

not  be  corrected  or  such  duty  performed.  (48) 

Sec.  221.  Filing  certificates — Certificates  of  nomina- 
tion shall  be  filed  as  follows:  With  the  secretary  of 
state,  of  the  names  to  be  placed  on  the  white  ballots, 
on  or  before  the  fifth  Saturday  preceding  the  day  of  elec- 
tion ;  with  the  county  auditor,  to  be  placed  upon  the 
blue  ballots,  on  or  before  the  third  Tuesday  preceding 
the  day  of  election;  with  the  city  clerk  or  other  proper 
officer,  to  be  placed  on  the  red  ballots,  on  or  before  the 
second  Saturday  preceding  the  day  of  election.  In  each 
case  the  officer  with  whom  such  certificate  is  filed  shall 
give  or  send  to  the  person  filing  the  same  an  acknowledg- 
ment thereof  upon  the  same  day  it  is  received,  and  shall 
file  and  preserve  such  certificates,  subject  to  public  in- 
spection. But  no  filing  of  any  certificate  shall  be  effec- 
tual unless  at  the  time  thereof  the  prescribed  fee  shall 
be  paid  or  tendered  to  such  officer.  (49) 

Sec.  222.  Fees  for  placing  /lames  on  ballot — The  sec- 
retary of  state,  county  auditors,  and  city  clerks  shall 
place  upon  the  ballots  prepared  by  them,  respectively, 
the  names  of  all  candidates  duly  nominated  whose  certif- 
icates of  nomination  have  been  duly  filed,  accompanied 
by  fees  as  follows : 

1.  If  to  appear  upon  the  white  ballot,  fifty  dollars. 

2.  If  upon  the  red  ballot  for  a  city  of  more  than  three 
thousand  inhabitants,  five  dollars ;   if  less,  two  dollars. 

3.  If  upon  the  blue  ballot,  ten  dollars  in  case  the  candi- 
date is  to  be  voted  for  in  one  county  only;  otherwise 
twenty  dollars. 

But  if  no  compensation  be  provided  by  law  for  the 
office,  or  if  the  office  be  that  of  presidential  elector,  no 
nomination  fee  shall  be  required.  (50;  '03  c.  174) 

Sec.  223.  Posted  notice  of  election — When  and  by 
whom  given — At  least  fifteen  days'  posted  notice  shall 
be  given  in  each  district  by  the  several  town,  village,  and 
city  clerks  of  the  time  and  place  of  holding  any  general 
election,  and  twenty  days'  such  notice  of  any  special 
election  therein,  the  hours  during  which  the  polls  will 
be  kept  open,  and  the  officers  to  be  elected,  if  any;  but 
no  failure  to  give  such  notice  shall  invalidate  a  general 
election.  (51) 

Sec.  224.     Place  of  election — The  council  of  every  mu- 


OF  MINNESOTA  FOR  1905.  31 

nicipality  shall  by  ordinance  or  resolution,  and  any  town 
may  by  vote,  designate  the  place  of  holding  the  election 
in  each  district;  otherwise  the  election  shall  be  held  as 
near  as  may  be  at  the  place  where  the  preceding  election 
was  held,  subject  to  change  before  the  opening  of  the 
polls  as  provided  by  law.  (52,  5.3) 

Sec.  225.  Division  of  towns — Notice — When  any  town 
board  has  divided  the  town  into  two  or  more  districts, 
such  board  shall  designate  the  place  for  holding  elec- 
tions in  each  at  least  thirty  days  before  the  day  thereof, 
and  cause  at  least  twenty-five  days'  posted  notice  to  be 
given  in  each  district  of  the  boundaries  of  the  district 
and  the  place  of  holding  the  election.  (54) 

Sec.  226.  Towns  may  vote  in  villages — When  so  or- 
dered by  the  voters  at  a  town  meeting,  elections  in  such 
town  may  be  held  within  any  village  formed  from  its 
territory.  If  no  place  in  said  village  be  designated  by 
the  voters,  the  town  board  shall  select  a  place  therein 
where  the  election  shall  be  held.  And,  whenever  a  ma- 
jority of  such  voters  shall  petition  the  board  to  change 
the  voting  place  to  any  such  village,  it  shall  procure  a 
suitable  place  therein,  and  give  at  least  four  weeks'  pub- 
lished and  posted  notice,  before  the  election,  of  such 
change  and  place,  without  which  no  change  shall  be 
made.  Such  voting  place  shall  be  at  least  seventy-five 
feet  from  the  village  polls.  Upon  petition  of  a  majority 
of  the  legal  voters  of  any  township  to  change  the  voting 
place  to  a  village  or  city  of  less  than  ten  thousand  in- 
habitants, located  in  whole  or  in  part  in  such  town,  the 
town  board  may  procure  a  suitable  place  within  such 
village  or  city  for  such  election.  (54;  '97  c.  239;  '01  c. 
202 ;  '03  c.  26) 

Majority  vote — Elections  held  on  separate  day  from 
village  election — That  whenever  a  majority  of  the  legal 
voters  of  any  township  in  this  state  shall  petition  the 
board  of  supervisors  of  such  town  to  change  the  place  of 
holding  elections  from  where  last  held  to  an  incorporated 
village, or  to  an  incorporated  city  containing  less  than  ten 
thousand  inhabitants,  located  in  whole  or  in  part  within 
such  town,  then  said  supervisors  may  procure  a  suitable 
hall  or  building  in  such  village  or  city  where  the  voters 


32  THE  PRIMARY  ELECTION  LAW 

of  such  township  shall  hold  their  elections;  and  said 
township  shall  have  power  to  purchase  and  own  neces- 
sary real  estate  in  such  incorporated  village  or  city  for 
such  purpose ;  provided,  however,  that  no  village  or  city 
election  shall  be  held  on  the  same  day  as  a  township 
election  is  held,  in  the  hall,  or  place  so  procured  by  said 
town  for  election  purposes.  (1905  c.  149) 

Sec.  227.  Members  of  town  board  to  be  judges — Va- 
cancy— The  members  of  the  town  board  shall  be  judges 
in  the  districts  in  which  they  respectively  reside,  unless 
all  belong  to  one  political  party  and  reside  in  the  same 
district,  in  which  case  not  more  than  two,  determined 
by  lot  unless  otherwise  agreed  upon,  shall  act  as  judges. 
But  no  member  of  such  board  shall  be  compelled  to 
serve  as  judge,  and  if  any  decline  they  shall  notify  the 
town  board  in  time  to  fill  the  place  by  appointment. 
Whenever  for  any  reason  it  becomes  necessary  to  ap- 
point one  or  more  judges  in  order  to  provide  three  judges 
for  each  district,  such  board,  on  the  first  day  of  regis- 
tration, shall  appoint  the  number  required,  and  cause 
posted  notice  thereof  to  be  given  in  each  district  at  least 
ten  days  before  the  election.  (55) 

Sec.  228.  Judges  in  cities  and  villages — The  council 
of  every  municipality,  at  least  twenty-five  days  before 
any  election,  shall  appoint  three  qualified  voters  of  each 
district  therein  to  be  judges.  But  in  villages  having  but 
one  district,  and  not  included  in  any  town  district,  the 
members  of  the  council  shall  be  judges,  subject  to  the 
qualifications  and  restrictions  provided  for  town  boards 
in  like  cases.  (56) 

Sec.  229.  Clerks,  how  appointed — Qualifications  of 
judges  and  clerks — The  judges  of  each  district  shall  ap- 
point two  qualified  voters  therein  as  clerks,  except  that 
in  towns  the  town  clerk,  and  in  villages  having  but  one 
district,  and  not  included  in  any  town  district,  the  vil- 
lage clerk,  shall  serve  as  one  of  the  clerks  in 'the  district 
where  he  resides.  No  more  than  two  judges  and  one 
clerk  shall  belong  to  the  same  political  party,  and  no 
person  shall  be  eligible  as  judge  or  clerk  unless  he  can 
read,  write,  and  speak  the  English  language  understand- 
ingly,  nor  if  he  be  a  candidate  for  any  office.  (57) 


OF  MINNESOTA  FOR  1905.  33 

Sec.  230.    Selection  of  judges  from  certified  party  lists 

— At  least  thirty  days  before  an  election  in  any  munici- 
pality having  two  or  more  districts,  the  local  committees 
of  the  several  parties  participating  in  the  preceding  elec- 
tion may  furnish  to  the  appointing  authorities  a  list  of 
qualified  voters,  certified  by  the  clerks  of  the  committees, 
to  act  as  judges  in  the  several  districts.  Such  judges 
shall  be  selected  for  each  district  from  the  lists  so  sub- 
mitted, as  follows:  The  first  from  the  list  of  the  party 
polling  the  largest  number  of  votes  in  the  municipality 
at  the  preceding  general  election,  the  second  from  that 
of  the  party  polling  the  second  largest  number  of  votes, 
and  the  third  from  that  of  the  party  polling  the  third 
largest  number.  If  the  local  committee  of  either  of  such 
parties  fails  to  furnish  such  list,  then  one  judge  shall  be 
selected  from  the  party  polling  the  fourth  largest  num- 
ber of  votes  at  such  preceding  election,  if  a  list  has  been 
furnished  by  such  party.  In  case  three  lists  are  not  sub- 
mitted, they  shall  select  one  from  each  list  submitted  and 
make  their  own  selection  of  the  remainder,  except  that 
in  no  case  shall  more  than  two  judges  be  selected  from 
the  same  political  party.  (58) 

Sec.  231.  National  flag  over  polling  places — Duties  of 
judges — Expense — The  governing  body  of  every  city, 
village,  and  town  shall  cause  the  national  flag  to  be  dis- 
played on  a  suitable  staff  over  each  voting  place  therein 
during  all  the  hours  of  registration  and  voting.  The 
cost  thereof  shall  be  included  in  the  general  election  ex- 
penses. The  judges  shall  see  that  the  flag  is  so  placed 
and  displayed,  and  wilful  failure  on  their  part  so  to  do 
shall  cause  a  forfeiture  of  their  compensation  for  the  time 
of  such  failure.  They  shall  make  a  statement  as  to  the 
number  of  days  the  flag  was  so  placed  and  maintained, 
and  return  the  same  with  the  election  returns.  ('97  c.  183) 

Sec.  232.  Vacancy  in  office  of  judge  or  clerk — When 
any  one  of  the  judges  fails  to  attend  at  the  time  and  place 
appointed  for  registration  or  for  correcting  the  registra- 
tion lists  or  holding  an  election,  or  if  either  be  a  candi- 
date at  such  election  or  refuses  to  act,  the  qualified  voters 
present  shall  elect  viva  voce  one  of  their  number,  of  the 
same  political  party  as  the  judge  originally  appointed 
if  only  one  judge  in  attendance  belongs  thereto,  but  if 


34  THE  PRIMARY  ELECTION  LAW 

both  belong  to  the  same  party  then  of  another  party, 
to  act  in  his  place.  When  any  clerk  is  absent,  disquali- 
fied, or  refuses  to  act,  the  judges  shall  appoint  some 
qualified  voter  of  the  same  political  party  to  act  in  his 
place.  (59) 

Sec.  233.  Oath  of  officers — Board  of  registration  and 
election — Before  any  judge  or  clerk  enters  upon  the  dis- 
charge of  his  duties,  he  shall  subscribe  the  following 
oath :  "I,  A.  B.,  judge  of  election  (or  clerk,  as  the  case 
may  be),  do  solemnly  swear  that  I  will  perform  the 
duties  of  judge  (or  clerk)  of  election  according  to  law 
and  the  best  of  my  ability,  and  will  studiously  endeavor 
to  prevent  fraud,  deceit,  and  abuse  in  conducting  this 
election,  so  help  me  God."  Such  oath  shall  be  affixed  to 
the  list  or  register  provided  for  by  law.  If  there  be  no 
person  present  authorized  to  administer  oaths,  the  judges 
may  administer  it  to  each  other  and  to  the  clerks.  Such 
judges,  prior  to  the  opening  of  the  polls,  shall  constitute 
a  board  of  registration,  and  subsequent  thereto  a  board 
of  election.  (59) 

Sec.  234.  Form  of  registry  lists — All  registry  lists 
shall  be  headed  substantially  as  follows :  "List  of  quali- 
fied voters  in  the  election  district  composed  of  the 

(town,  village,  ward,  or  precinct,  as  the 

case  may  be)  of in  the  county  of 

state  of  Minnesota,  for  an  election  to  be  held  in  such 
district  on  the  day  of  ,  nine- 
teen hundred  and  ;"  and  shall  contain  the 

names  of  voters  in  separate  groups,  in  alphabetical  order 
according  to  the  first  letter  of  the  surnames,  each  letter 
of  the  alphabet  to  form  a  group,  and  not  more  than  one 
group  to  be  on  any  one  page;  and  each  group  shall  be 
separately  numbered,  commencing  with  1.  (59) 

Sec.  235.  Residence  of  voters,  how  determined— The 
board  of  registration,  in  determining  the  residence  of  any 
voter,  shall  be  governed  by  the  following  rules,  so  far 
as  they  are  applicable : 

1.  The  residence  of  any  person  shall  be  held  to  be  in 
that  place  in  which  his  habitation  is  fixed,  without  any 
present  intention  of  removing  therefrom,  and  to  which, 
whenever  he  is  absent,  he  intends  to  return. 

2.  A  person  shall  not  be  considered  to  have  lost  his 


OP  MINNESOTA  FOR  1905.  35 

residence  who  leaves  his  home  to  go  into  another  state, 
or  county  in  this  state,  for  temporary  purposes  merely. 

3.  A  person  shall  not  be  considered  to  have  gained  a 
residence   in   any   county  into   which   he   has   come   for 
temporary    purposes    merely,    without    the    intention  of 
making  such  county  his  home. 

4.  If  a  person  go  into  another  state  with  the  intention 
of   making  it   his   residence,   he   shall   be   considered   to 
have  lost  his  residence  in  this  state. 

5.  If  a  person  remove  to  another  state  with  the  in- 
tention of  remaining  there  for  an  indefinite  time  as   a 
place  of  residence,  he  shall  be  considered  to  have  lost 
his  residence  in  this  state,  notwithstanding  he  intends 
to  return  at  some  future  time. 

6.  The  place  where  a  man's  family  resides  shall  be 
considered  his  residence ;  but  if  it  be  a  temporary  estab- 
lishment  for   his    family,    or    for    transient    purposes,    it 
shall  not  be  so  considered. 

7.  If  a  man  has  his  family  living  in  one  place  and  he 
does  business  in  another,  the  former  shall  be  considered 
his  residence ;  but  when  a  man  has  taken  up  his  abode 
at  any  place  with  the  intention  of  remaining  there,  and 
his  family  refuses  to  reside  with  him,  then  such  place 
shall  be  considered  his  residence. 

8.  The  residence  of  a  single  man  shall  be  considered 
to  be  where  he  usually  sleeps. 

0.  The  mere  intention  to  acquire  a  new  residence, 
without  the  fact  of  removal,  shall  avail  nothing;  neither 
shall  the  fact  of  removal  without  the  intention. 

10.  No  person  employed  temporarily  for  the  purpose 
of  cutting  timber,  or  in  the  construction  or  repair  of  any 
railroad,  canal,  municipal,  or  other  work  of  public  nature, 
shall  acquire  a  residence  in  any  district  into  which  he 
came  for  such  purpose;  but  this  provision  shall  not  be 
held  to  extend  to  station  agents  or  sectionmen  who  per- 
manently reside  in  such  district.  In  determining  the  right 
of  any  person  employed  by  a  railroad  company  or  upon 
any  public  work  to  register  or  vote,  all  of  the  judges 
shall  be  satisfied  that  he  is  a  bona  fide  resident  of  the 
district,  and  not  there  for  temporary  purposes  merely; 
and  his  unsupported  affidavit  shall  not  be  held  conclusive 
as  to  any  fact  necessary  to  entitle  him  to  vote. 


36  THE  PRIMARY  ELECTION  LAW 

11.  Any  permanent  inmate  of  a  soldiers'  home  shall  be 
considered  a  resident  of  the  district  in  which  the  same 
is  located.  (66) 

Sec.  236.  Registration  in  towns,  villages,  and  cities  of 
the  fourth  class — On  Tuesday,  seven  weeks  preceding 
any  general,  and  at  least  fourteen  days  before  any  special, 
election,  the  board  of  registration  of  each  district  in 
towns,  villages,  and  cities  of  the  fourth  class  shall  make 
duplicate  lists  of  the  names  of  all  persons  entitled  to  vote 
therein  at  such  election,  containing  the  names  of  such 
persons  in  alphabetical  order,  and  their  places  of  resi- 
dence. The  board  shall  examine  the  poll  lists  used  at 
the  preceding  general  election,  and  place  on  the  new  list 
the  names  of  all  persons  whom  the  board  knows,  or  can 
with  reasonabe  diligence  ascertain,  to  be  entitled  to  vote 
in  the  district  at  such  election,  and  at  least  thirty  days 
before  a  general,  and  ten  days  before  a  special,  election, 
shall  cause  copies  of  such  list  to  be  posted  in  three  public 
places  in  the  district.  (60,  63;  '99  c.  189) 

Sec.  237.  Same — Cities  of  the  fourth  class — In  cities 
of  the  fourth  class  the  board  shall  meet  on  the  Tuesday 
preceding  such  election  at  the  place  where  the  same  is 
to  be  held,  and  remain  in  session  from  9  o'clock  a.  m. 
until  9  o'clock  p.  m.,  for  the  purpose  of  making  correc- 
tions in  such  lists,  the  time  and  place  of  meeting  to  be 
noted  on  the  list  previously  posted.  In  making  such 
correction  the  board  shall  add  to  such  lists  the  names 
of  all  other  persons  shown  to  be  entitled  to  vote  in  that 
district  at  such  election,  and  erase  therefrom  the  names 
of  all  shown  not  to  be  entitled  so  to  vote.  (60 ;  '99  c.  189) 

Sec.  238.  Oath  before  registration — Any  of  the  judges 
may  administer  the  following  oath  to  persons  appearing 
for  registration :  "You  do  solemnly  swear  that  you  will 
fully  and  truly  answer  such  questions  as  shall  be  put 
to  you  touching  your  qualifications  as  a  voter  under  the 
laws  of  this  state?"  (61) 

Sec.  239.  Board  to  compare  register,  sign  each  page, 
and  make  certificate — At  the  end  of  each  day's  registra- 
tion in  all  districts  in  towns,  villages,  and  cities  of  the 
fourth  class,  the  board  shall  carefully  compare  the  regis- 
ters and  correct  all  errors.  The  judges  shall  then  sign 
their  names  at  the  end  of  the  list  on  every  page,  so  that 


OF  MINNESOTA  FOR  1905.  37 

no  new  name  can  be  added  without  discovery,  and  also 
sign  and  attach  to  such  register  a  certificate  in  substance 
as  follows : 

We,  the  undersigned,  judges  of  election  in  the 

district  of of ,  in  the  state  of  Minnesota, 

do  jointly  and  severally  certify  that  at  the  general  regis- 
tration of  voters  in  such  election  district  on  the 

day  of ,  19. .,  there  were  registered  by  us  in  such 

district  the  names  which  in  this  book  are  inserted,  and 
that  the  number  of  registered  and  qualified  voters  was 

and  is  the  number  of ,  of  whom 

are  males  and  females.  (Number  to  be 

written  in  figures  and  words.)  (62) 

Sec.  240.  Same  entered  or  stricken  from  lists  on  elec- 
tion day — Any  peson  offering  to  vote  in  any  such  dis- 
trict, whose  name  is  not  on  the  list  at  the  opening  of  the 
polls,  but  who  shall  satisfy  the  election  board  by  proper 
evidence  that  he  is  entitled  to  register  and  vote,  shall 
be  allowed  to  vote  at  such  election  without  taking  an 
oath,  unless  required  to  do  so  by  such  board.  The  vote 
of  any  person  whose  name  is  on  the  list  at  the  opening 
of  the  polls  shall  not  be  rejected  except  upon  satisfactory 
evidence  that  such  name  was  registered  by  mistake  and 
that  such  person  is  not  entitled  to  vote,  in  which  case 
such  name  shall  be  stricken  from  the  list  and  the  vote 
rejected.  An  entry  of  such  fact  shall  be  made  on  the  list 
opposite  each  name  so  added  or  stricken  off.  (65) 

Sec.  241.  Same — Cities  of  the  first,  second,  and  third 
classes — Powers — Vacancies — In  cities  of  the  first, 
second,  and  third  classes  the  judges  shall  constitute 
boards  of  registration  in  their  respective  districts.  They 
shall  meet  on  Tuesday,  seven  weeks  preceding  any  gen- 
eral state  or  city  election,  and  fourteen  days  before  any 
special  election,  at  6  o'clock  a.  m.,  at  the  place  where  the 
last  election  was  held,  or  in  such  other  place  as  may  be 
lawfully  designated  as  the  polling  place  for  the  district, 
and  there  remain  in  session  until  9  o'clock  p.  m.,  and 
register  all  persons  entitled  to  vote  in  such  districts  at 
the  ensuing  election.  Such  registration  shall  be  known 
as  the  register  of  voters,  and  be  made  in  duplicate.  The 
board  shall  have  the  same  right  to  preserve  order  at  its 
meetings  as  judges  on  election  days,  and  vacancies  shall 


38  THE  PRIMARY  ELECTION  LAW 

be  filled  in  the  same  manner  as  upon  election  day.  (67  j 
'95  c.  137  s.  1) 

Sec.  242.  Registers,  how  prepared — Headings — Names 
— Questions — In  all  districts  in  such  cities,  one  of  the 
judges  shall  administer  to  all  persons  appearing  for  regis- 
tration the  following  oath :  "You  do  solemnly  swear 
that  you  will  fully  and  truly  answer  all  questions  put 
to  you  touching  your  qualifications  as  a  voter  under  the 
laws  of  this  state."  The  blank  forms  of  registers  in 
cities  of  the  second  and  third  classes  shall  be  prepared 
by  the  secretary  of  state,  and  shall  contain  columns  under 
the  following  headings  and  subheadings,  viz. :  "Names," 
"Voted,"  "Residence,"  "Number,"  "Street  or  Avenue," 
"Place  of  Nativity,"  "Color,"  "Length  of  Residence," 
'"United  States— Years,"  "State— Years,  Months,"  "Dis- 
trict— Years,  Months,  Days,"  "Date  of  Naturalization," 
"Court  or  Place,"  "Able  to  Read  English,"  "Where  Last 
Registered— Ward,  District,"  "Voted  at  Primary,"  and 
"Remarks."  The  board  shall  enter  in  such  registers  the 
names  of  all  persons  residing  in  its  district  whose  names 
appear  in  the  poll  list  and  register  at  the  preceding  elec- 
tion as  having  voted  in  the  district,  except  such  as  are 
known  to  have  since  died,  removed  from  the  district,  or 
become  disqualified ;  and,  so  far  as  known  to  any  such 
board,  the  proper  entries  shall  be  made  opposite  each 
name  in  the  different  columns.  In  case  the  boundaries 
of  the  district  have  been  changed  since  the  election  for 
which  such  poll  list  was  made,  the  board  shall  place  on 
the  registers  only  the  names  of  the  persons  appearing 
by  such  poll  list  to  be  residents  of  the  new  district.  One 
of  the  judges  shall  than  ask  each  of  such  persons  the 
questions  necessary  to  properly  fill  out  the  spaces  op- 
posite his  name  in  the  various  columns.  The  clerks,  if 
any,  or  members  of  the  board  shall  enter  the  names  of 
such  persons  in  the  registers,  and  the  answers  to  the 
questions  in  appropriate  columns  therein.  In  the  column 
headed  "Residence,"  there  shall  t>e  the  name  and  number 
of  the  street,  or  other  location  of  the  dwelling,  if  there 
be  a  definite  number ;  if  not,  such  description  of  the  place 
of  such  dwelling  as  shall  enable  it  to  be  readily  ascer- 
tained. If  more  than  one  family  reside  in  a  house,  there 
shall  be  entered  the  floor  on  which  the  applicant  resides, 


OF  MINNESOTA  FOR  1905.  39 

and  the  room  or  rooms  occupied  by  him.  The  register 
shall  be  ruled,  and  one  name  shall  be  written  on  each 
line ;  but  no  name  shall  be  written  between  the  lines,  and, 
if  the  name  of  any  person  be  so  written,  such  person 
shall  not  be  entitled  or  allowed  to  vote  unless  his  name 
shall  also  appear  properly  on  a  line  in  such  register. 
(68,  72) 

Sec.  243.  Same — Cities  of  the  first  class — In  cities  of 
the  first  class  the  registers  shall  be  substantially  as  pro- 
vided in  §  24:2,  except  that  in  place  of  the  heading, 
"Where  Last  Registered — Ward,  District,"  the  heading 
shall  be  "Householder — Border — Lodger — Employee." 
No  names  shall  be  registered  unless  the  person  appears 
personally  before  such  board  or  registers  by  affidavit.  (71) 

Sec.  244.  Registration  in  person,  and  by  affidavit  of 
absent  voter — In  addition  to  the  names  already  on  said 
poll  list,  the  board  shall  enter  thereon  the  names  of  all 
legal  voters  who  shall  personally  appear,  and  also  the 
name  of  any  absent  voter  whose  affidavit  shall  be  pre- 
sented during  any  session  of  such  board,  in  substance 
as  follows: 

I,  ,  being  first  duly  sworn,  on  oath  say 

that  I  am  a  legal  voter  in  the  state  of  Minnesota;  that 

I  reside  at  No street  (or  avenue),  in  the 

election  district  in  the. ward 

in  the  city  of  ;  that  I  have  not  been 

and  will  not  be  able  to  be  present  in  such  district  to 

register  personally,  for  the  reason  that ; 

that  I  desire  to  be  registered  in  such  district;  that 

my  full  name  is , ;  I  was  born  at 

;  am  (state  color)  ;  have  re- 
sided in  the  United  States  for years  and 

months,  and  in  Minnesota  for 

years  and  months,  and  in  such  election 

district  for years, months,  and 

days ;  that  I  am  able  to  read  English,  and 

by  occupation  am  a ;  that  at  the  last  general 

election  I  resided  at  No street  (or  avenue), 

in  such  city,  and  was  registered  and  voted  at  the 

election  district  of  the ward 

(or  that  at  the  last  general  election  I  was  not  a  resident 
of  such  city,  but  voted  at )  ;  that  at  my 


40  THE  PRIMARY  ELECTION  LAW 

present    residence    as   above     stated    I    am 

(householder,  boarder,  lodger,  employee,  or  other  proper 
term)  ;  (the  following  to  be  omitted  if  native-born)  that 
I  am  a  naturalized  citizen  of  the  United  States ;  that  my 

final  papers  were  issued  by  the (give  court 

and  place)  on  the (give  date  or  other  par- 
ticulars),   

(Signature) 

(68) 

Sec.  245.  When  voter  removes  from  one  district  to 
another — When  it  appears  from  the  statement  or  affi- 
davit of  an  applicant  for  registration,  or  is  otherwise 
known  to  the  board,  that  such  applicant  has  been  reg- 
istered in  another  district,  a  certificate  signed  by  the 
registration  board  of  such  other  district,  showing  that 
his  name  has  been  stricken  from  the  voting  list  of 
such  district,  shall  also  be  presented.  Then  if  he  has 
or  will  have  been  a  resident  of  such  new  district 
for  thirty  days  next  preceding  an  election,  his  name 
shall  be  entered  on  the  voting  list ;  otherwise  not.  When 
the  voter  removes  from  one  place  to  another  in  the  same 
district,  the  register  shall  show  the  change  before  his 
vote  is  received.  (69) 

Sec.  246.  Registers  compared,  signed,  certified,  and 
returned — At  the  end  of  the  first  day's  registration  in 
such  cities,  the  board  shall  carefully  compare  the  regis- 
ters and  correct  any  errors  therein,  and  one  or  more  of 
the  judges  shall  sign  his  name  at  the  end  of  the  list  on 
every  page,  so  that  no  name  can  be  added  without  dis- 
covery, and  all  the  judges  shall  also  sign  and  attach  to 
such  register  a  certificate  in  substance,  as  follows :  "We, 

the  undersigned,  judges  of  election  in  the 

district  of ward,     in     the     city     of 

in  the  state  of  Minnesota,  do  jointly  and  severally  certi- 
fy that,  at  the  general  registration  of  voters  in  such 

district,  on  the day  of ,  19.  .,  there  were 

registered  by  us  in  such  district  the  names  which  are 
inserted  in  this  book,  and  that  the  number  of  registered 

and  qualified  voters  was  and  is   "  (Number 

to  be  written  in  figures  and  words.)  If  any  women  shall 
have  registered,  the  certificate  shall  have  added  thereto, 
"of  whom  ,  are  men  and..  ,  are 


OP  MINNESOTA  FOR  1905.  41 

women."  Before  10  o'clock  a.  m.  on  the  next  day,  such 
registers  shall  be  deposited  by  one  of  such  board  in  the 
office  of  the  city  clerk,  who  shall  safely  keep  the  same. 
(73) 

Sec.  247.  Same — Second  registration — Days,  hours, 
etc. — In  such  cities,  on  Tuesday  two  weeks  preceding 
any  general  election,  and  on  the  thirteenth  day  preceding 
any  special  election,  such  board  shall  meet  at  the  same 
place  as  before,  and  remain  in  public  session  from  6 
o'clock  a.  m.  until  9  o'clock  p.  m.,  for  the  purpose  of 
registering  qualified  voters.  It  shall  obtain  from  the  city 
clerk  and  use  the  same  registers  as  on  the  first  day,  and 
observe  the  same  forms.  (73) 

Sec.  248.  Comparing,  signing,  certifying,  posting,  etc. 
— At  the  end  of  the  second  day's  session  the  registers 
shall  be  compared,  corrected,  signed,  and  certified  as  on 
the  first  day,  with  this  addition  thereto:  "Making  the 
total  number  registered  to  date  hereof  inclusive 

,  of  whom are  men  and 

are  women."  Before  the  board  adjourns  on  this  day,  it 
shall  make  a  copy  of  all  the  names  upon  such  registers, 
with  the  addresses  as  therein  indicated,  and  post  the 
same  conspicuously  outside  the  place  of  registration, 
with  a  notice  of  the  time  when  such  board  will  meet  to 
complete  and  finally  correct  such  registers,  and  that  the 
same  will  be  accessible  to  any  voter.  The  registers  shall 
be  returned  by  one  of  such  board  to  the  office  of  such 
clerk  before  10  o'clock  a.  m.  on  the  next  day.  (73) 

Sec.  249.  Last  registration  day  in  cities  of  the  first, 
second,  and  third  classes — In  cities  of  the  first  class  on 
the  second  Saturday  preceding  a  general  election  day, 
and  in  cities  of  the  second  and  third  class  on  the  Tues- 
day preceding  any  general,  and  on  the  day  one  week 
preceding  any  special,  election,  the  board  shall  again 
meet  at  the  same  place  for  the  completion  and  final  cor- 
rection of  said  registers.  Said  board  shall  obtain  the 
same  registers  from  the  clerk  and  register  the  names  of 
qualified  voters  as  upon  the  other  days,  and  for  this 
purpose  shall  be  in  session  from  6  o'clock  a.  m.  until  9 
o'clock  p.  in.  on  each  day  of  registration.  (74) 

Sec.  250.  Correction  of  registers — Posting  list — Such 
board  shall  erase  from  the  register  the  name  of  any 


42  THE  PRIMARY  ELECTION  LAW 

person  satisfactorily  proven,  by  the  oath  of  two  qual- 
ified voters  of  such  district,  to  be  disqualified  to  vote 
at  the  ensuing  election.  At  the  close  of  the  last  registra- 
tion day  the  registers  shall  again  be  compared,  corrected, 
signed,  certified,  and  returned  as  provided  for  the  other 
days.  When  the  registration  has  been  fully  completed, 
and  before  the  board  adjourns  or  separates,  it  shall  pre- 
pare a  copy  of  the  names  and  addresses  appearing  upon 
such  registers,  and  post  the  same  outside  the  place  of 
registration,  or  in  such  manner  as  to  be  plainly  discerni- 
ble and  easily  read  from  the  outside.  (74) 

Sec.  251.  No  person  allowed  to  vote  unless  registered 
— Exception — Only  the  votes  of  qualified  and  registered 
voters  shall  be  received  by  the  judges  at  any  election  in 
a  city  of  the  first,  second,  or  third  class,  except  the  vote 
of  a  person  whose  name  was  erased  as  provided  for  in 
§  250,  and  who  takes  the  oath  and  proves  his  identity  by 
the  oath  of  another,  as  hereinafter  prescribed.  (75) 

Sec.  252.  Hours  for  opening  and  closing  polling  places 
— In  towns  and  villages  the  polls  shall  be  kept  open  from 
9  o'clock  a.  m.  until  5  o'clock  p.  m.,  in  cities  of  the  fourth 
class  from  7  o'clock  a.  m.  until  6  o'clock  p.  m.,  and  in  all 
other  cities  from  6  o'clock  a.  m.  until  7  o'clock  p.  m.  No 
adjournment  or  intermission  whatever  shall  be  had  until 
the  polls  are  closed,  all  the  votes  counted,  and  the  result 
publicly  announced;  but  this  shall  not  be  construed  to 
prevent  any  temporary  recess  for  taking  meals  or  other 
necessary  purposes,  provided  the  board  remains  in  ses- 
sion and  not  more  than  one  member  thereof  is  absent  at 
the  same  time.  (78) 

Sec.  253.  Location  of  polling  places — No  election 
shall  be  held  or  appointed  to  be  held  in  any  saloon  or 
bar-room,  or  in  any  room  used  or  occupied  as  a  place 
of  resort  for  idlers  or  disreputable  persons,  or  in  any 
room  adjoining  either.  Nor  shall  such  election  be  held 
in  any  room  wherein  the  requirements  of  this  chapter 
relative  to  booths,  railings,  and  distances  cannot  be  sub- 
stantially complied  with.  Such  polling  places  in  all 
cities  shall  be  upon  the  ground  floor,  in  a  front  room, 
the  entrance  to  which  is  from  a  highway  or  public  street 
at  least  forty  feet  wide,  and  as  near  the  center  of  the 
voting  population  of  the  district  as  is  practicable.  (79) 


OP  MINNESOTA  FOR  1905.  43 

Sec.  254.  Judges  may  change  polling  place — When 
any  place  designated  for  holding  an  election  is  found  not 
to  comply  with  the  provisions  of  this  chapter,  the  judges, 
on  the  first  day  of  registration  when  practicable,  and  in 
any  event  on  or  before  the  opening  of  the  polls  on  elec- 
tion day,  shall  procure  a  suitable  place,  as  near  the 
designated  place  as  may  be,  which  is  not  subject  to  such 
objection.  (80) 

Sec.  255.  Notice  of  change  of  polling  place — When  a 
change  of  the  place  of  registration  or  election  has  been 
determined  upon,  the  judges  shall  meet  at  the  place  first 
designated,  and,  after  filling  any  vacancies  in  the  number, 
adjourn  to  the  new  place  selected,  first  publicly  announ- 
cing the  change  to  the  electors  present,  and  posting  in  a 
conspicuous  place  at  said  first  designated  place  a  notice 
of  the  change  made  by  them.  They  shall  also  post  a 
similar  notice  at  the  new  registration  or  voting  place, 
and,  if  deemed  necessary  by  any  of  such  judges,  they 
shall  post  additional  notices  of  said  change  in  three 
public  places  in  the  district.  They  shall  certify  to  the 
proper  authorities  the  expenses  attending  such  change, 
which  shall  be  allowed  and  paid  as  part  of  the  election 
expenses.  (81) 

Sec.  256.  Arrangement  of  polling  places — Each  poll- 
ing place  shall  be  provided  with  one  white,  one  pink, 
one  blue,  and  one  red  ballot  box,  and,  where  women  are 
entitled  to  vote,  a  separate  box  for  ballots  cast  by  them. 
As  many  of  these  boxes  shall  be  used  at  any  election  as 
there  are  kinds  of  ballots  to  be  voted.  Each  box  shall 
be  of  sufficient  size,  and  with  a  sufficient  aperture,  to 
receive  and  contain  all  the  ballots  likely  to  be  placed 
therein.  Each  polling  place  shall  consist  of  a  single 
room,  containing  at  least  two  booths  for  every  one  hun- 
dred voters  registered.  Each  booth  shall  be  six  feet 
high,  three  feet  deep,  and  at  least  two  feet  wide,  with  a 
shelf,  at  least  one  foot  wide,  extending  from  side  to  side 
at  a  convenient  height  for  writing,  and  be  provided  with 
a  door  or  curtain  so  that  the  voter  may  be  free  from  ob- 
servation while  marking  his  ballot.  It  shall  at  all  times 
when  in  use  be  provided  with  cards  of  instruction,  an 
indelible  pencil,  and  other  supplies  needful  in  marking 
the  ballots.  A  guard  rail  shall  be  so  placed  that  only 


44  THE  PRIMARY  ELECTION  LAW 

persons  who  are  inside  thereof  can  approach  within  six 
feet  of  the  ballot  boxes  or  the  booths,  but  the  boxes, 
booths,  judges,  and  clerks  shall  be  in  open  public  view. 
Such  guard  rail  shall  be  so  constructed  as  to  provide  a 
separate  entrance  and  exit  for  voters.  (82,  83) 

Sec.  257.  Order  at  polls — Special  officers — The  peace 
officer  shall  keep  order  and  quiet  at  the  polling  places. 
During  the  voting  hours  no  persons  other  than  those 
receiving,  marking  and  depositing  ballots  shall  be  per- 
mitted to  approach  within  six  feet  of  the  booths,  unless 
by  consent  of  the  judges,  given  by  authority  of  law. 
Special  peace  officers  may  be  appointed  by  the  judges 
when  necessary.  Any  person  guilty  of  riotous  or  dis- 
orderly conduct  shall  be  arrested,  upon  refusal  to  desist 
when  warned.  No  peace  officer  shall  remain  in  the  vot- 
ing room  unless  so  ordered  by  the  judges,  nor  interfere 
in  any  manner  with  the  voters.  (84,  85) 

Sec.  258.  Procuring  registers,  ballots,  boxes,  etc. — 
Before  3  o'clock  p.  m.  on  the  day  preceding  any  election, 
the  judges  shall  procure  the  registers  provided  for  in 
this  chapter  from  their  legal  custodian,  one  being  pro- 
cured by  a  judge  representing  one  of  the  two  leading 
political  parties,  and  the  other  by  one  representing,  an- 
other leading  party.  The  custodian  of  the  ballot  boxes 
and  ballots  shall  deliver  the  same  to  the  judges  of  the 
respective  districts,  together  with  their  keys,  the  poll- 
books,  stationery,  and  material  required  at  such  elec- 
tion. The  judges  shall  be  responsible  for  the  safe- 
keeping of  said  registers  and  ballots  unaltered,  and  shall 
have  all  such  ballots,  boxes,  registers,  poll-books,  printed 
instructions,  and  materials  at  the  polling  places  in  their 
respective  districts  at  the  opening  of  the  polls  on  the  day 
of  election.  Except  in  cities  of  the  fourth  class  and  over 
and  election  districts  within  fifteen  miles  of  the  county 
seat,  the  county  auditor  shall  at  least  one  week  before 
the  election  send  such  ballots  by  registered  mail  or  ex- 
press to  the  proper  board  of  such  election  districts.  (86) 

Sec.  259.  Proceeding  on  failure  of  judges  to  obtain 
register  and  ballots — In  case  neither  of  the  judges  ap- 
pears at  the  office  of  the  custodian  of  the  ballots,  as  pro- 
vided in  §  258,  he  shall  forthwith  send  to  the  proper 
district  the  ballots  therefore,  securely  wrapped,  tied,  and 


OF  MINNESOTA  LFOR  1905.  45 

sealed,  by  special  messenger,  who  shall  forthwith  deliver 
the  same  to  such  judges,  or  one  of  them;  or,  if  unable 
to  do  so,  he  shall  deliver  them  at  the  polling  place  at 
the  hour  for  opening  the  polls.  He  shall  take  a  receipt 
for  such  ballots,  and  promptly  file  the  same  with  such 
custodian,  together  with  his  affidavit  stating  when, 
where,  and  to  whom  he  made  such  delivery.  Such 
judges,  and  each  of  them,  shall  be  chargeable  with  all 
expense  incident  to  such  delivery  and  report,  together 
with  mileage,  the  same  as  allowed  to  sheriffs  for  serv- 
ing process ;  but  nothing  herein  shall  relieve  any  such 
judge  from  the  penalty  provided  by  law  for  neglect  of 
duty.  (87) 

Sec.  260.  Ballots  not  delivered — Additional  or  sub- 
substitute  ballots — When  no  official  or  substitute  bal- 
are  stolen  or  destroyed,  and  sufficient  regular  ballots 
cannot  seasonably  be  had,  the  county  auditor  or  other 
proper  official  shall  cause  other  ballots  to  be  immediately 
prepared  as  nearly  in  the  form  prescribed  as  practicable, 
with  the  word  "Substitute"  printed  in  brackets  immedi- 
ately over  the  words  "Official  Ballot,"  as  indorsed  on 
regular  ballots,  and,  when  practicable,  with  the  facsimile 
signature  of  the  officer  preparing  the  same,  accompanied 
by  his  affidavit  that  the  same  have  been  so  prepared  and 
furnished  by  him,  and  that  the  original  ballots  have  not 
been  received,  or  have  been  destroyed  or  stolen,  as  the 
case  may  be.  The  judges  shall  cause  such  substituted 
ballots  to  be  used  at  the  election.  (88) 

Sec.  261.  Proceeding  when  there  are  no  official  or 
substitute  ballots — When  no  official  or  substitute  bal- 
lots are  ready  for  distribution  at  any  polling  place,  or 
if  the  supply  be  exhausted  before  the  polls  are  closed, 
unofficial  ballots,  printed  or  written  as  nearly  as  prac- 
ticable in  the  form  of  the  official  ballots,  or  of  any  ticket 
or  tickets  forming  a  part  or  parts  thereof,  may  be  used 
until  substitutes  prepared  by  the  proper  official  can 
be  printed  and  delivered;  and  the  fact  shall  be  certified 
and  accompany  the  returns  of  election.  (89) 

Sec.  262.  Proceedings  preliminary  to  opening  polling 
places — Immediately  before  opening  the  polls,  one  of 
the  judges  shall  open  the  ballot  boxes  in  the  presence 
of  the  people  there  assembled,  turn  them  upside  down 


46  THE  PRIMARY  ELECTION.jLAW 

so  as  to  empty  them  of  everything  that  is  in  them,  then 
lock  them  and  deliver  the  key  to  another  of  the  judges. 
The  judges  shall  thereupon  proclaim  that  the  polls  are 
open,  and  cause  written  or  printed  notices  of  the  hour 
of  closing  them  to  be  conspicuously  posted  outside  the 
polling  place.  Such  boxes  shall  not  be  reopened  until 
opened  for  the  purpose  of  counting  the  ballots  therein 
at  the  close  of  the  polls.  (90) 

Sec.  263.  Challengers  allowed  in  the  room — Substi- 
tutes— The  judges  shall  allow  one  voter  of  each  polit- 
ical party  casting  one  per  cent  of  the  entire  vote  at  the 
preceding  election  in  that  district,  selected  by  said  par- 
ties respectively,  and  having  a  certificate  in  writing  from 
the  chairman  of  an  authorized  committee  of  the  party 
he  represents,  to  be  in  the  room  where  the  election  is 
held,  to  act  as  challenger  of  voters ;  and  such  challengers 
may  remain  with  the  board  until  the  votes  are  can- 
vassed and  the  result  declared.  In  case  of  the  tem- 
porary absence  of  any  challenger  for  meals  or  by  reason 
of  sickness,  he  may  substitute  some  other  person  of 
like  political  belief,  who  shall  be  identified  by  an  affi- 
davit of  such  challenger  or  substitute.  (91) 

Sec.  264.  Gatekeeper — The  judges  may  authorize  a 
peace  officer  to  act  as  gatekeeper,  who  shall  direct  voters 
how  to  pass  to  and  from  the  booths,  and  no  person  shall 
interfere  with  him  in  any  manner  while  in  the  discharge 
of  his  duty.  Such  gatekeeper  shall  not  aid,  assist,  sug- 
gest, advise,  or  entreat  any  elector  to  prepare  his  ballot 
in  a  particular  manner.  (92) 

Sec.  265.  Proceedings  on  disability  of  clerk  while  on 
duty — When  any  clerk,  after  entering  upon  the  discharge 
of  his  duties,  becomes  unable,  or  for  any  reason  fails,  to 
complete  the  performance  of  his  duties,  the  judges  may 
appoint  another  in  his  place,  who  shall  take  the  required 
oath.  The  fact  of  his  appointment,  the  time  when  and 
circumstances  under  which  it  was  made,  shall  be  noted 
in  the  poll  books,  if  the  polls  have  not  been  closed,  and, 
if  closed,  all  of  the  same  shall  be  certified  with  the  re- 
turns ;  and  such  statement  shall  show  the  work  done  and 
to  be  done  at  the  time  of  such  appointment.  (93) 

Sec.  266.  Initials  on  ballots — Before  the  voting  begins, 
or  as  soon  thereafter  as  possible,  two  judges  of  opposite 


OP  MINNESOTA  FOR  1905.  47 

political  parties  shall  place  their  initials  on  the  backs 
of  all  the  ballots  they  have,  immediately  under  or  op- 
posite the  facsimile  of  the  signature  of  the  officer  under 
whose  direction  the  ballots  were  printed,  and  shall  not 
otherwise  mark  the  same.  (94) 

Sec.  267.  Ballots,  distribution  and  indorsement — Bal- 
lot boxes  in  view — No  official  ballot  shall  be  distributed 
except  in  the  voting  room  to  voters  about  to  vote,  and  no 
ballot  which  is  not  officially  indorsed  in  the  handwriting 
of  such  judges  shall  be  placed  in  the  box.  The  ballot 
boxes  shall  at  all  times  be  kept  in  public  view.  (95) 

Sec.  268.  Who  allowed  in  voting  rooms — No  person 
shall  be  allowed  to  go  or  remain  inside  the  railing  at  the 
voting  place  except  members  of  the  board,  clerks,  peace 
officers,  and  one  member  of  each  of  the  political  parties 
represented  on  the  ballot,  and  voters  who  are  about  to 
vote,  unless  it  be  a  voter  who  is  called  upon  to  assist 
another  voter  who  cannot  read  English  or  is  physically 
disabled,  in  marking  his  ballot,  as  herein  provided.  (96) 

Sec.  269.  Number  of  voters  admitted — Time  for  pre- 
paring ballot — The  number  of  voters  within  the  rail 
shall  in  no  case  exceed  the  number  of  booths  by  more 
than  three.  The  judges  may  make  such  regulations  as 
they  deem  proper  as  to  the  time  which  a  voter  may  re- 
main in  the  polling  room  while  receiving,  preparing,  and 
voting  his  ballot,  which  time  shall  not  be  less  than  three 
nor  more  than  ten  minutes,  unless  the  delay  is  occa- 
sioned by  his  vote  being  challenged,  or  is  the  fault  of  the 
board,  or  some  of  them.  (98,  99) 

Sec.  270.  Crowds  not  permitted  in  vicinity  of  voting 
places — All  voters  shall  be  allowed  to  go  to  the  polling 
room  for  the  purpose  of  voting,  and  to  return  therefrom, 
without  molestation,  but  neither  voters  nor  others  shall 
be  allowed  to  congregate  in  any  number  writhin  one  hun- 
dred feet  of  any  polling  room.  In  cities  of  the  first, 
second,  and  third  classes,  only  election  officers  and  voters 
who  are  ready,  but  have  not  voted,  shall  be  permitted 
to  stand  within  fifty  feet  of  the  entrance  to  a  polling 
place.  (99) 

Sec.  271.  One  judge  to  have  charge  of  ballots,  and  two 
of  registers — One  of  the  judges  shall  have  charge  of  and 
hand  to  and  receive  from  each  voter  the  ballots.  Thf 


48  THE  PRIMARY  ELECTION  LAW 

other  two  shall  have  charge  of  the  two  registers,  each 
using  one  as  herein  provided.  (100) 

Sec.  272.  Challenge — Oath — Questions  and'  other 
proceedings — Before  any  person  offering  to  vote  receives 
the  ballots  from  the  judges,  each  judge  shall,  and  any 
authorized  challenger  or  other  voter  may,  challenge  such 
person  whom  he  knows  or  suspects  not  to  be  a  qualified 
voter.  The  challenger  shall  state  the  ground  thereof, 
whereupon  a  judge  shall  administer  to  the  challenged 
person  the  following  oath :  "You  do  solemnly  swear  that 
you  will  fully  and  truly  answer  all  such  questions  as 
shall  be  put  to  you  touching  your  qualifications  as  a 
voter  at  this  election?"  The  judges  shall  then  question 
the  challenged  party  in  such  manner  as  will  tend  to  dis- 
close the  particular  facts  in  reference  to  which  the  chal- 
lenge is  made.  He  may  be  inquired  of  as  to  his  name, 
age,  then  place  of  residence,  length  of  time  he  has  re- 
sided in  the  town,  city,  ward,  or  district;  where  his  last 
place  of  residence  was ;  as  to  his  citizenship,  whether  he 
is  a  native  or  naturalized  citizen,  and,  if  the  latter,  when, 
where,  in  what  court,  and  before  whom,  he  was  natural- 
ized ;  whether  he  came  into  the  town,  city,  or  ward  for 
the  purpose  of  voting  at  that  election ;  how  long  he  in- 
tends to  remain  a  resident  of  such  town,  city,  or  ward ; 
and  such  other  questions  as  tend  to  test  his  residence 
and  his  right  to  vote.  If  he  refuses  to  answer  the  ques- 
tions put  to  him,  his  name  shall  not  be  put  upon  the  poll 
lists,  nor  shall  he  be  allowed  to  vote,  unless  he  at  once 
reconsiders  and  answers  the  questions.  He  shall  not  be 
allowed  to  vote  if  he  leaves  the  polling  place  and  after- 
ward returns,  although  then  ready  to  answer  the  ques- 
tions. (102,  103) 

Sec.  273.  Further  examination  of  challenged  person- 
After  the  questions  specified  in  §  272  have  been  an- 
swered, if  the  challenge  is  not  withdrawn,  the  judges 
shall  administer  the  following  oath :  "You  do  swear 
that  you  are  a  citizen  of  the  United  States ;  that  you  are 
twenty-one  years  of  age,  and  have  been  a  resident  of  this 
state  for  six  months  immediately  preceding  this  election, 
and  an  actual  resident  of  this  election  district  for  thirty 
days  immediately  preceding  this  election ;  that  you  are 
a  qualified  voter  in  this  district ;  and  that  you  have  not 


OF  MINNESOTA  FOR  1905.  49 

voted  at  this  election?"  Upon  taking  this  oath  he  shall 
be  allowed  to  vote,  except  when  it  appears  that  his  name 
has  been  registered  and  erased ;  then  he  shall  not  be  al- 
lowed to  vote  unless  he  also  produces  a  person  known 
to  a  majority  of  the  judges,  who  makes  and  subscribes 
an  oath  in  their  presence  as  to  the  identity  of  the  person 
so  offering  to  vote,  after  which  he  shall  be  allowed  to 
vote.  If  such  person  refuses  to  take  the  oath  specified 
in  this  section  or  §  272,  or,  when  so  required,  refuses  to 
produce  the  person  to  swear  to  his  identity  and  residence, 
as  herein  provided,  then  his  name  shall  not  be  put  upon 
the  poll  list,  nor  shall  he  be  allowed  to  vote.  (103) 

Sec.  274.  Voter  receiving  ballot  to  retire  to  booth 
alone — When  the  judges  are  satisfied  that  the  person 
applying  therefor  is  a  voter,  the  judge  having  charge  of 
the  ballots  shall  tear  from  the  blocks  one  ballot  of  each 
kind  that  is  to  be  voted,  having  the  proper  initials  there- 
on, and  hand  the  same  to  the  voter,  who  shall  retire 
alone  to  one  of  the  booths  and  there  prepare  such  ballot 
or  ballots.  Voters  may  be  allowed  to  carry  with  them 
to  the  booths  sample  ballots  to  assist  them  in  marking 
the  official  ballots,  but  the  same  shall  not  be  printed  on 
white,  pink,  blue,  or  red  paper;  and  it  shall  be  a  misde- 
meanor to  print  or  distribute  sample  ballots  printed  upon 
such  paper.  Sample  ballots  may  be  printed  in  newspa- 
pers as  matter  of  news.  (104) 

Sec.  275.  Marking  ballots— Rules— The  voter  shall 
mark  each  of  such  ballots  with  the  indelible  pencil  fur- 
nished. If  he  soils  or  defaces  either  of  them,  he  shall  at 
once  return  the  same  and  get  other  ballots  as  herein- 
after provided.  In  marking  ballots,  the  following  rules 
shall  be  observed : 

1.  When  presidential  electors  are  to  be  voted  for,  the 
voter  shall  place  a  mark  (X)  in  the  square  opposite  the 
group  of  candidates  of  the  party  of  his  choice. 

2.  In  all  other  cases  he  shall  place  a  like  mark  (X)  in 
the  square  opposite  the  printed  name  of  each  candidate 
for  whom  he  desires  to  vote,  and  only  those  so  marked 
shall  be  counted. 

3.  When  he  so  desires,   he   may  write  other  names 
in  the  blank  spaces  under  the  printed  names  of  candi- 
dates,  and   the   names   so   written   shall   be   counted   as 


50  THE  PRIMARY  ELECTION  LAW 

balloted  for,  whether  marked  in  the  small  square  or  not. 

4.  When  he  has  prepared  his  ballot,  he  shall  so  fold 
it,  concealing  its  face  and  all  marks  thereon,  as  to  expose 
only  the  indorsement  and   the  facsimile   signature   and 
initials  of  the  judges  on  the  back  thereof. 

5.  He  shall  mark  and  fold  separately  each  ballot,  and 
at  once  withdraw  from  the  voting  booth.   (105) 

Sec.  276.  Further  proceedings  in  balloting — Challenge 
—The  voter,  having  prepared  his  ballots,  shall  hand  the 
same  to  the  judge  in  charge  of  the  ballot  boxes,  who, 
without  opening  or  permitting  them  to  be  opened  or 
examined,  shall  deposit  the  same  in  the  proper  boxes, 
first  announcing  the  name  and  residence  of  the  voter  in 
an  audible  voice;  and  the  judges  in  charge  of  the  regis- 
ters shall  mark  "Voted,"  or  the  letter  "V,"  in  a  column 
therein  prepared,  in  the  same  line  with  the  voter's  name. 
At  any  time  before  such  ballots  or  either  of  them  have 
been  deposited  in  the  boxes,  shall  be  subject  to  challenge 
by  either  of  the  judges,  or  by  any  person  who  was  not 
present  at  the  time  he  procured  such  ballots;  but  no 
party  challenger  or  other  person,  except  a  judge,  who 
was  present  when  the  ballot  was  delivered  and  had 
knowledge  thereof  shall  afterwards  interpose  a  challenge. 
When  so  challenged,  the  same  proceedings  shall  be  had 
as  hereinbefore  provided;  and,  if  the  person  offering  to 
vote  is  found  disqualified,  said  ballots  so  prepared  by 
him  shall  be  placed  among  the  spoiled  ballots,  and  not 
opened.  When  no  challenge  is  interposed,  the  voter 
shall,  after  voting,  at  once  retire  from  the  voting  rooms ; 
and,  when  challenged,  he  shall  retire  as  soon  as  the  chal- 
lenge is  determined,  and  shall  not  again  return  unless 
by  permission  of  all  the  judges.  (106) 

Sec.  277.  Proceedings  when  elector  spoils  ballots — 
When  a  voter  spoils  a  ballot,  he  may  return  it  and  receive 
another.  When  he  spoils  a  second  ballot,  before  receiv- 
ing another  he  shall  state  under  oath  whether  or  not  he 
can  read  English.  When  he  claims  to  be  able  to  read 
English,  a  third,  and  if  necessary,  a  fourth,  ballot  shall 
be  delivered  to  him;  but  no  ballot  shall  be  so  delivered 
until  the  ballot  previously  delivered  has  been  returned, 
nor  shall  more  than  four  ballots  of  any  one  color  be 
delivered  to  any  one  voter.  When  such  voter,  after 


OF  MINNESOTA  FOR  1905.  51 

spoiling  two  ballots,  shall  state  under  oath  that  he  can- 
not read  English,  proceedings  shall  be  had  as  provided  in 
§  278.  All  spoiled  and  unused  ballots  shall  be  preserved 
by  the  board  and  returned  to  the  officer  from  whom 
they  were  received,  who  shall  preserve  them  until  ten 
days  after  the  county  official  canvass.  (107) 

Sec.  278.  Proceedings  when  voter  cannot  read  English, 
or  is  physically  unable  to  mark  ballot — When  any  voter 
states  under  oath  that  he  cannot  read  English,  or  that 
he  is  physically  unable  to  mark  his  ballot,  he  may  call 
to  his  aid  one  or  more  of  the  judges,  who  shall  mark  his 
ballot  as  he  may  desire,  and  in  as  secret  a  manner  as 
circumstances  permit.  When  he  also  states  that  he 
cannot  speak  the  English  language  or  understand  it 
when  spoken,  the  judges  may  select  two  persons  from 
different  political  parties  to  act  as  interpreters,  who  shall 
take  an  oath  similar  to  that  taken  by  the  judges,  and 
assist  such  person  in  marking  his  ballots.  When  he  shall 
prefer,  he  may  call  to  his  aid  any  voter  of  the  same  dis- 
trict, who  unaccompanied  by  a  judge  may  retire  with 
him  to  one  of  the  booths  and  mark  the  ballot  for  him; 
but  no  person  shall  mark  the  ballots  of  more  than  three 
such  voters  at  one  election.  Before  depositing  his  ballot 
such  voter  shall  show  it  privately  to  either  a  judge  or  a 
clerk  to  ascertain  that  it  is  marked  as  directed;  but  a 
physically  disabled  voter,  who  is  able  to  determine  for 
himself,  need  not  show  his  ballot.  No  judge  or  other 
person  so  assisting  a  voter  shall  in  any  manner  request, 
persuade,  or  induce,  or  attempt  to  persuade  such  voter 
to  vote  for  any  particular  party  or  candidate,  but  shall 
mark  the  ballot  as  requested,  and  shall  not  reveal  to  any 
other  person  the  name  of  any  candidate  for  whom  the 
voter  has  voted,  or  anything  that  took  place  while  so 
assisting  him.  (108) 

Sec.  279.  Proceedings  when  voter  is  physically  dis- 
abled— When  the  judges  are  informed  that  a  voter  is 
at  the  door  who  is  unable  to  enter  the  polling  place 
without  assistance,  they  may  appoint  one  of  their  number 
to  take  an  official  ballot  or  ballots  to  him  and  assist  in 
marking  the  same,  when  requested,  in  the  presence  of 
some  one  selected  by  such  voter.  When  the  ballot  or 
ballots  have  been  marked  and  folded,  the  same  shall  be 


52  THE  PRIMARY  ELECTION  LAW 

handed  to  the  judge  in  charge  of  the  ballot  boxes,  who 
shall  announce:  "Ballot  (or  ballots)  offered  by  (name), 
a  person  unable  to  enter  the  voting  place  by  reason  of 
physical  disability;  does  any  one  object  to  the  reception 
of  this  ballot?"  If  no  one  objects,  the  ballot  or  ballots 
shall  be  deposited;  but,  if  objection  be  made,  it  shall  be 
treated  as  the  interposition  of  a  challenge,  and  proceed- 
ings shall  be  had  as  in  case  of  challenges.  (109) 

Sec.  280.  Voter  not  to  disclose  how  he  has  voted — No 
voter  shall  divulge  to  any  one  within  the  polling  place 
the  name  of  any  candidate  for  whom  he  intends  to  vote 
or  has  voted,  nor  shall  he  ask  for  or  receive  assistance 
from  any  one  within  the  polling  place  in  the  preparation 
of  his  ballot,  except  as  hereinbefore  provided.  When  any 
voter,  after  having  marked  his  ballot,  shows  it  to  any 
one  except  as  hereinbefore  provided,  the  judges  shall  re- 
fuse to  receive  such  ballot,  but  shall  place  it  among  the 
spoiled  ballots,  and,  when  such  showing  has  clearly  been 
intentional,  no  other  ballot  shall  be  delivered  to  such 
voter.  (110) 

Sec.  281.  Intoxication — Intoxication  shall  not  be  re- 
garded as  a  physical  disability,  and  no  intoxicated  person 
shall  be  entitled  to  assistance  in  marking  his  ballot.  No 
voter  shall  be  permitted  to  vote  while  grossly  intoxi- 
cated. (Ill) 

Sec.  282.  Voter  to  give  residence,  etc. — Every  voter, 
at  the  time  of  applying  for  or  offering  his  ballot,  shall 
truly  state  the  name  of  the  street  in  which  he  resides, 
and,  if  the  house  where  he  resides  is  numbered,  the  num- 
ber thereof,  and,  if  required,  whether  he  is  the  house- 
holder or  a  lodger  or  employee  therein,  and  such  other 
matters,  as  are  necessary  for  identification.  On  refusal 
to  make  such  statement,  his  ballot,  if  he  has  received  any, 
shall  be  placed  among  the  spoiled  ballots,  and  he  shall 
not  be  allowed  to  vote.  (112) 

Sec.  283.  Absence  of  employee  to  vote — Every  em- 
ployee entitled  to  vote  at  a  general  or  city  election  shall 
be  permitted  to  absent  himself  from  his  work  for  that 
purpose  during  the  forenoon  of  each  election  day,  with- 
out a  penalty  or  deduction  from  salary  or  wages  on  ac- 
count of  such  absence.  (114) 

Sec.  284.     Removal  of  ballots    from    blocks — Unused 


OP  MINNESOTA  FOR  1905.  53 

ballots — No  judge  shall  remove  any  of  the  ballots  from 
the  block  except  separately,  as  required  by  voters  for 
voting.  The  judges  shall  preserve  unused  and  spoiled 
ballots  and  return  them  to  the  officers  from  whom  they 
were  received,  with  a  statement  of  the  number  used,  and 
take  receipts  therefore.  (123) 

Sec.  285.  Clerks  to  keep  poll  lists — Form — Every 
clerk  shall  make  a  poll  list  containing  one  column  headed 
"Number,"  one  headed  "Residence,"  one  headed  "Names 
of  Voters,"  and  as  many  additional  columns  as  there  are 
boxes  used,  headed  to  correspond  with  the  color,  and  one 
headed  "Remarks."  He  shall  enter  therein  the  name  of 
each  voter  in  the  column  headed  "Names  of  Voters,"  his 
residence  in  column  headed  "Residence,"  and,  where  more 
than  one  box  is  used,  he  shall  write  opposite  such  name 
the  figure  "1"  in  each  remaining  column  corresponding 
in  heading  with  the  name  of  each  box  in  which  his  vote 
is  deposited.  In  the  column  headed  "Number"  he  shall 
write  consecutively  the  numbers  of  the  persons  voting, 
the  first  vote  being  numbered  1.  He  shall  enter  in  the 
column  headed  "Remarks"  and  opposite  the  name  of 
each  person  not  registered,  the  words  "Not  registered," 
and,  if  any  vote  is  sworn  in,  he  shall  there  note  that  fact. 
He  shall  also  enter  in  the  same  column,  on  a  line  with 
the  name  of  any  person  receiving  assistance,  a  brief 
statement  of  that  fact,  such  as  "Marked  by  judge," 

"Marked    at    door,"    "Marked    by ,"    giving    the 

name  of  any  person,  other  than  a  judge,  so  assisting. 
(124.  125) 

Sec.  286.  Notice  of  closing  polls — Persons  present 
not  excluded — Time — The  judges  shall  make  oral  proc- 
lamation at  the  door  of  each  polling  place  thirty  minutes 
before  the  hour  fixed  by  law  for  closing  the  polls,  in 
substantially  the  following  words :  "Hear  ye  !  hear  ye ! 
hear  ye !  the  polls  will  be  closed  in  thirty  minutes." 
When  the  hour  for  closing  has  arrived,  the  polls  shall 
be  closed,  regardless  of  the  fact  that  voters  are  outside 
who  have  not  voted.  But  all  voters  who  have  received 
ballots,  or  are  then  inside  the  polling  place  preparatory 
to  receiving  them,  and  none  others,  shall  be  allowed  to 
vote.  On  or  before  the  opening  of  the  polls  the  judges 
shall  agree  upon  some  standard  of  time  to  be  used 


54:  THE  PRIMARY  ELECTION  LAW 

in  opening  and  closing  the  polls.     (126) 

Sec.  287.  Statements  attached  to  poll  lists  and  to 
register — Every  poll  list  shall  be  headed  by  the  desig- 
nation of  the  district,  and  the  election  at  which  it  is 
used,  and,  as  soon  as  the  polls  are  finally  closed,  the 
judges  shall  attach  thereto  a  statement  substantially  as 
follows:  "The  number  of  persons  whose  names  appear 
above  and  who  were  present  and  voted  at  the  above 

named  election  was ,  of  whom 

were  women;  the  number  of  white  ballots  cast  was 

;  the  number  of  pink  ballots  cast  was 

;  the  number  of  blue  ballots  cast  was 

;  the  number  of  red  ballots  cast  was 

;  and  the  number  of  ballots  cast  by  women 

(such  ballots  not  being  included  in  the  numbers  above 

given)  was "  The  blanks  in  such  form  shall 

be  filled  by  the  proper  numbers,  written  in  words  and 
figures,  the  figures  in  parentheses.  Such  statement  shall 
be  signed  by  each  judge  and  attested  by  each  clerk;  and 
immediately  thereafter  they  shall  prepare,  sign,  and  at- 
test a  statement  at  the  end  of  each  of  the  registers,  sub- 
stantially as  follows:  "The  whole  number  of  the  above 
named  persons  who  were  present  and  voted  at  the  above 
named  election  was "  (in  words  and  fig- 
ures). (127) 

Sec.  288.  Canvass — Ballots  handled  by  judges  only— 
The  judges  shall  then  proceed  to  canvass  the  votes  cast 
at  such  election.  Such  canvass  shall  be  public  and  con- 
tinued without  intermission  (except  as  provided  in  § 
252)  until  completed  and  the  result  declared.  During 
such  canvass  no  person  other  than  the  judges  shall 
handle  or  interfere  with  the  ballots.  (128) 

Sec.  289.  Boxes  opened,  in  what  order — Preliminary 
returns — The  ballot  boxes  shall  be  opened,  the  votes 
counted,  and  the  results  declared,  one  box  at  a  time,  as 
follows:  First,  the  white  box;  second,  the  pink;  third, 
the  blue ;  and  fourth,  the  red.  Then  the  box  provided 
for  women  shall  be  opened  and  the  votes  canvassed.  The 
returns  shall  not  be  prepared  until  the  votes  in  all- the 
boxes  have  been  counted,  so  as  to  allow  corrections  in 
case  any  errors  have  occurred  by  reason  of  the  deposit 
of  ballots  in  wrong  boxes.  But  in  any  city  of  the  first 


OP  MINNESOTA  FOR  1905.  55 

class  the  council  may  require  the  judges  to  insert,  on 
forms  prepared  by  the  city  clerk,  a  preliminary  state- 
ment of  any  class  of  ballots  cast,  as  soon  as  the  count 
of  that  class  has  been  completed.  Such  statement  shall 
be  signed  by  one  or  more  of  the  judges,  and  delivered 
forthwith  to  a  special  messenger  designated  by  such 
city  clerk,  who  shall  take  the  same  to  him  at  once ;  but 
such  statement  shall  not  be  deemed  an  official  return. 
(129,  156) 

Sec.  290.  Canvass  of  votes,  first  proceedings — The 
judges  shall  begin  the  canvass  by  taking  from  the  box 
the  ballots,  unopened  except  so  far  as  necessary  to  as- 
certain whether  every  ballot  is  single,  and  counting  them 
to  determine  whether  their  number  corresponds  with 
the  number  appearing  on  the  poll  list  to  have  been  cast 
in  such  box.  Whenever  two  or  more  ballots  are  found 
so  folded  together  as  to  appear  like  a  single  ballot,  they 
shall  lay  them  aside  until  the  ballots  in  all  the  boxes 
have  been  counted.  If,  on  comparing  such  ballots  with 
the  number  of  the  same  class  appearing  by  the  poll  lists 
to  have  been  cast,  it  is  evident  that  the  ballots  so  folded 
together  are  cast  by  one  voter,  they  shall  preserve  but 
not  count  them.  Whenever  there  is  an  excess  of  ballots 
in  any  box,  they  shall  examine  them  and  ascertain 
whether  all  are  properly  marked  with  the  initials  of  the 
judges,  and,  if  any  are  not  so  marked,  they  shall  pre- 
serve but  not  count  them.  When  there  is  still  an  ex- 
cess, they  shall  replace  them  in  the  box,  and  one  judge, 
without  looking,  shall  draw  from  the  box  a  number  of 
ballots  equal  to  such  excess,  which  shall  be  preserved, 
but  not  counted.  (130,  131) 

Sec  291.  Ballots  not  in  proper  box,  when  counted — 
Whenever  the  number  of  ballots  in  any  box  equals  or 
exceeds  the  number  shown  by  the  poll  lists  to  have  been 
cast  in  such  box,  no  ballots  proper  to  have  been  de- 
posited therein,  but  found  in  another  box,  shall  be 
counted ;  but  whenever  the  number  is  less  than  that 
shown  by  the  poll  lists,  and  ballots  properly  belonging 
in  such  box  are  found  in  another  box,  they  shall  be 
counted  the  same  as  those  in  the  proper  box ;  but  if 
counting  such  ballots  produces  an  excess  of  votes  above 
the  number  shown  by  the  poll  lists,  then  the  number 


56  THE  PRIMARY  ELECTION  LAW 

shall  be  reduced  by  drawing  therefrom  as  provided  in 
§  290.  (132) 

Sec.  292.  Excess  of  ballots,  how  disposed  of — Certif- 
icate— Whenever  any  ballots  not  belonging  among  those 
being  canvassed  from  any  box  shall  be  found,  the  same 
shall  be  laid  aside  until  the  canvass  of  the  class  of  bal- 
lots to  which  they  belong.  If  there  be  a  deficieny  in 
the  number  of  ballots  of  such  class  in  the  proper  box, 
the  ballots  so  found  in  the  wrong  box,  to  the  extent  of 
such  deficiency  (selected  by  lot  when  necessary),  shall 
be  included  and  counted  with  the  class  of  ballots  to 
which  they  belong.  When  the  number  of  ballots  as 
finally  counted  agrees  with  the  poll  lists,  those  not 
counted  shall  be  attached  to  a  certificate  made  by  the 
judges,  stating  why  such  ballots  were  not  counted, 
which  certificate  and  uncounted  ballots  shall  be  sealed 
up  in  a  separate  envelope  and  returned  with  the  other 
returns  to  the  officer  from  whom  they  were  received. 
(132,  133) 

Sec.  293.  Method  of  counting  ballots — The  judges 
shall  then  count  the  ballots  separately,  numbering  them 
consecutively  in  a  uniform  place  without  defacement, 
and  ascertain  the  number  cast  for  each  person.  The 
clerks  shall  carefully  enter  an  account  of  each  ballot 
counted,  on  tally  sheets  or  books  as  hereinafter  provided, 
and  when  all  the  ballots  have  been  counted,  and  from 
time  to  time  previously  thereto  when  so  required  by  the 
judges,  they  shall  compare  such  tallies  and  correct  the 
same  when  they  differ.  Such  comparison  shall  be  made 
on  each  tally  sheet,  or  sheet  of  the  tally  book,  before 
beginning  on  another  sheet.  (134) 

Sec.  294.  Tally  sheets  for  white  ballots— Two  tally 
books,  or  two  sets  of  tally  sheets,  shall  be  furnished  for 
each  election  district  by  the  official  charged  with  the 
printing  of  the  ballots,  at  the  time  and  in  the  manner 
the  ballots  are  furnished.  Each  tally  sheet,  or  the  first 
sheet  of  each  tally  book  furnished  for  white  ballots, 

shall  be  headed,  "lAally  sheet  for  white  ballots, 

election  district,  November,  19..,"  direct- 
ly under  which,  and  extending  across  the  sheet  from 
side  to  side,  shall  be  two  heavy  red  lines  one-half  inch 
apart.  At  the  left  side  of  each  sheet,  in  a  column  of  suit- 


OP  MINNESOTA  FOR  1905.  57 

able  width,  commencing  just  below  said  red  lines,  there 
shall  be  printed  in  plain  type  the  titles  of  the  several 
offices  to  be  filled  and  the  name  of  each  candidate  for  the 
same,  and  as  many  blank  lines  as  appear  on  the  printed 
ballot,  the  whole  being  as  nearly  as  may  be  in  the  same 
order  as  on  the  official  ballot,  omitting  the  squares  for 
marking.  (135) 

Sec.  295.  Same — Ruling  of  tally  sheet — General  de- 
scription— Under  each  set  or  group  of  candidates  for 
any  one  office,  and  the  requisite  number  of  blank  lines, 
there  shall  be  a  heavy  red  line  extending  across  the 
sheet,  and  another  such  line  across  the  bottom.  Heavy 
red  lines  shall  also  be  ruled  from  the  red  line  nearest  to 
the  top  to  the  red  line  at  the  bottom  of  each  sheet,  as 
follows:  Three  lines  so  as  to  form  two  spaces,  each 
three-eighths  of  an  inch  wide,  the  first  close  to  the  col- 
umn of  names  hereinbefore  specified ;  then  lines  so  as  to 
form  ten  spaces,  each  five-eights  of  an  inch  wide,  follow- 
ed by  one  space  three-eighths  of  an  inch  wide,  and 
as  many  additional  sets  of  lines  as  may  be  convenient; 
each  set  to  form  ten  spaces,  each  five-eighths  of  an  inch 
wide,  followed  by  one  space  three-eighths  of  an  inch 
wide.  (135) 

Sec.  296.  Same — Further  description — Under  the 
name  of  each  candidate  or  blank  line,  except  where  a 
red  line  is  herein  provided,  a  light  blue  line  shall  be  ruled 
across  the  sheet,  and  in  each  space  five-eighths  of  an  inch 
wide,  extending  from  the  second  line  from  the  top  to 
the  bottom  line,  four  light  blue  lines  shall  be  ruled,  in- 
such  manner  as  to  divide  each  such  space  into  five  smaller 
spaces,  each  one-eighth  of  an  inch  wide.  Immediately 
below  the  upper  red  line  across  the  sheet,  in  the  first 
space  three-eights  of  an  inch  wide,  the  words  "brought 
forward"  shall  be  printed,  and  in  the  similar  space  on 
the  extreme  right  the  words  "carried  forward."  In 
each  other  space  three-eighths  of  an  inch  wide  the  word 
"Number"  or  "No."  shall  be  printed.  And  over  the 
column  of  names  the  words  "Offices  and  Candidates" 
shall  be  printed.  (135) 

Sec.  297.  Same — Numbering  tallies,  etc — White  and 
pink  ballots — On  the  same  line,  in  the  spaces  five-eighths 
of  an  inch  wide,  shall  be  printed  in  figures,  commencing 


58  THE  PRIMARY  ELECTION  LAW 

on  the  left,  "5,"  "10,"  "15,"  and  so  on  in  multiples  of 
five.  In  each  column  headed  "Number"  or  "No."  shall 
be  printed  in  figures,  in  numerical  order,  "1,"  "2,"  "3," 
and  so  on,  the  figure  "1"  being  placed  in  line  with  and 
opposite  the  name  of  the  candidate  nearest  the  top,  and 
the  figure  "#"  opposite  the  name  of  the  next  candidate, 
and  in  like  manne/  down  the  column,  each  column 
headed  "number"  to  be  the  counterpart  of  every  other 
column  so  headed.  A  similar  tally  sheet  shall  be  pro- 
vided for  the  pink  ballots.  (135) 

Sec.  298.  Tally  sheets  for  blue  and  red  ballots— The 
form  of  tally  sheets  furnished  by  county  auditors  shall 
be  the  same  as  those  furnished  by  the  secretary  of  state, 
except  that  the  word  "blue"  shall  be  substitued  for  the 
word  "white"  or  "pink"  in  the  heading;  and  those  fur- 
nished by  the  officials  charged  with  the  printing  of  the 
red  ballots  shall  be  the  same,  except  the  word  "red" 
shall  be  substituted  for  the  word  "white"  in  said  head- 
ing, and  the  names  of  candidates  may  be  printed  or 
written,  or  partly  printed  and  partly  written.  (136) 

Sec.  299.  Same — Number  supplied — Deficiency — Such 
tally  sheets  may  be  printed  separately  and  numbered  * 
consecutively,  or  stitched  together,  but  in  either  case  a 
sufficient  number  shall  be  furnished  for  the  proper  tally- 
ing of  all  votes  cast.  When  proper  tally  sheets  have  not 
been  received  by  any  board  and  cannot  be  readily  ob- 
tained, the  clerks  shall  prepare  them  in  conformity  with 
those  hereinbefore  described,  in  which  case  they  shall 
certify  that  they  were  so  prepared  and  used  because  the 
official  tally  sheets  were  not  received.  (137,  138) 

Sec.  300.  Canvassing  and  counting  votes — When  • 
canvassing  the  votes,  a  memorandum  shall  be  kept  con- 
taining the  name  of  the  reading  judge,  the  number  of 
ballots  read  by  him,  the  name  of  the  judge  watching 
such  reading,  and  the  name  of  the  judge  stringing  the 
ballots  and  watching  the  clerks;  and  when  the  judges 
change  places,  or  clerks  are  relieved,  temporarily  or 
otherwise,  that  shall  be  noted.  Such  memorandum  shall 
be  certified  in  duplicate,  and  a  copy  thereof  attached  to 
each  set  of  tally  sheets.  When  the  reading  judge  an- 
nounces the  name  of  a  candidate  and  the  office  voted 
for,  each  clerk  shall  make  a  small  mark,  like  the  figure 


OF  MINNESOTA  FOR  1905.  59 

"1,"  in  the  small  unoccupied  space  nearest  such  name, 
and  on  a  line  therewith,  and  one  clerk  at  the  time  of 
making  such  mark  shall  say,  "one,"  "two,"  "three," 
"four,"  or  "five,"  as  the  blank  space  is  first,  second, 
third,  fourth,  or  fifth  in  any  space  five-eighths  of  an  inch 
wide  and  formed  by  red  lines.  When  such  space  is  the 
proper  one,  the  other  clerk  shall  enter  the  same;  when 
not,  he  shall  so  state,  and  the  marks  shall  be  corrected 
so  as  to  agree.  As  the  other  names  are  read,  the  proper 
marks  shall  be  made  on  each  of  the  tally  sheets  until  a 
line  on  which  is  the  name  of  any  one  candidate  shall 
contain  no  more  unoccupied  small  spaces.  Then,  the 
sheets  having  been  compared,  a  mark  in  red  ink  shall  be 
made  thereon  in  such  manner  that  no  additional  tallies 
can  be  made  therein  without  detection.  (139,  140) 

Sec.  301.  Same — In  the  vacant  space  under  the  head- 
ing "carried  forward,"  the  total  vote,  so  far  as  counted 
for  each  candidate,  shall  be  entered  in  figures  opposite 
their  respective  names,  and  the  same  figures  shall  be 
entered  under  the  heading  "brought  forward,"  on  the 
next  sheet,  opposite  the  names.  The  clerks  shall  pro- 
ceed in  the  same  manner  with  the  second  sheet,  includ- 
ing under  the  heading  "carried  forward"  the  number 
entered  under  "brought  forward."  They  shall  use  the 
sheets  in  the  order  in  which  they  are  numbered  until  all 
votes  have  been  counted.  Then,  having  made  a  mark 
to  prevent  other  tallies,  they  shall  place  after  the  same, 
in  both  words  and  figures,  the  total  vote  received  by  each 
candidate ;  but  this  entry  shall  not  be  made  until  it  has 
been  determined  that  there  are  no  ballots  in  other  boxes 
to  be  counted  here.  No  person  except  the  clerks  shall 
make  any  entry  upon  the  tally  sheets,  and  every  person 
so  doing,  and  every  judge  or  clerk  permitting  it  to  be 
done,  shall  be  guilty  of  a  misdemeanor.  (140;  '97  c.  242 
s.  3) 

Sec.  302.  Rules  for  counting  marks  on  ballots — All 
ballots  shall  be  counted  for  the  persons  for  whom  they 
were  intended,  so  far  as  such. intent  can  be  clearly  as- 
certained from  the  ballots  themselves,  and,  in  determin- 
ing such  intent,  the  following  rules  shall  be  observed. 

1.  When  a  voter  has  placed  a  mark  (X)  against  two 
or  more  names  for  the  same  office,  where  only  one  is 


60  THE  PRIMARY  ELECTION  LAW 

to  be  elected,  his  vote  shall  not  be  counted  for  either 
candidate. 

2.  When  a  voter  has  written  the  name  of  a  person 
in  the  proper  place,  his  vote  shall  be  counted  for  such 
person,  whether  he  makes  a  mark  (X)  opposite  thereto 
or  not. 

3.  When  a  mark  (X)  is  made  out  of  its  proper  place, 
but  on  or  so  near  a  name  or  space  as  to  indicate  clearly 
that  the  voter  intended  to  mark  such   name,   the  vote 
shall  be  counted  as  so  intended. 

4.  When  a  number  of  persons  are  to  be  elected  to  the 
same  office,  all  cross  marks  in  squares  opposite  names, 
not  exceeding  the  whole  number  to  be  elected,  including 
names   written   thereon,   shall   be   counted.     When   less 
than  the  number  to  be  elected  are  marked,  only  those 
so  marked  shall  be  counted. 

5.  The  judge  shall  disregard  misspelling  or  abbrefl- 
ations  of  the  names  of  candidates,  if  it  can  be  clearly 
ascertained  from  the  ballot  for  whom  it  was  intended. 

6.  When  the  judges  can  determine  from  a  ballot  the 
voter's  choice  for  a  part  only  of  the  officers,  the  ballot 
shall  be  counted  for  such  part  only. 

7.  When  a  voter  uses  uniformly  a  mark  other  than 
(X)   in  marking  his  ballot,  clearly  indicating  his  intent 
to   mark  against  a  name,   and  does   not  use    (X)    any- 
where else  on  the  ballot,  his  vote  shall  be  counted  for 
each  candidate  so  marked. 

8.  When  a  ballot  shows  that  marks  have  been  made 
against  the   names  of  two  candidates,   and   an  attempt 
made  to  erase  one  of  such  marks,  it  shall  be  counted  for 
the  candidate  for  whom  it  was  evidently  intended. 

9.  All  ballots  marked  as  hereinbefore  provided  shall 
be  counted  for  the  candidates  or  measures  therein  shown 
to  be  voted  for.   (141) 

Sec.  303.  Defective  ballots — Announcement  of  vote 
— A  ballot  so  defective  in  whole  or  in  part  that  it  can- 
not be  counted  by  reason  of  inability  of  the  judges  to 
determine  the  intent  of  the  voter  shall  be  marked  on 

the  back  "Defective,"  or  "Defective  as  to ," 

naming  the  office  as  to  which  it  is  defective.  Such  bal- 
lots shall  be  strung  in  regular  order  with  those  not  de- 
fective. A  memorandum  of  the  number  of  such  ballots, 


OP  MINNESOTA  FOR  1905.  61 

and,  if  defective  in  part  only,  of  the  defective  parts  not 
counted,  shall  be  made,  certified,  and  returned  by  the 
judges  with  their  other  returns.  Thereupon  the  ballots 
shall  be  strung  in  the  order  they  are  read  and  canvassed, 
the  string  tied  and  sealed,  and  the  ballots  replaced  in  the 
proper  boxes.  When  the  correct  result  has  been  as- 
certained, one  of  the  canvassing  judges  shall  publicly 
announce  to  those  present  the  number  of  votes  cast  for 
each  candidate.  (142,  143) 

Sec.  304.  Ballot  judges  and  clerks — Appointment — 
For  general  elections,  in  cities  of  the  first,  second,  and 
third  classes  one  additional  judge  and  two  additional 
clerks,  to  be  known  as  ballot  judge  and  clerks,  shall  be 
appointed  in  each  district,  and  vacancies  in  their  number 
filled  in  the  same  manner  as  in  case  of  other  judges  and 
clerks.  Not  more  than  two  of  the  four  judges,  nor  more 
than  two  of  the  four  clerks,  shall  belong  to  the  same 
political  party.  Such  ballot  judge  and  clerks  shall  ren- 
der no  service  prior  to  the  election  or  after  the  canvass, 
except  as  expressly  provided  by  law.  In  cities  of  the 
fourth  class,  and  in  villages  and  towns,  such  ballot  judge 
and  clerks  shall  be  appointed  whenever  the  governing 
body  thereof,  at  least  thirty  days  prior  to  the  election, 
shall  so  order.  Such  system,  when  adopted,  shall  be 
uniform  in  all  the  districts,  and  shall  be  continued  until 
otherwise  ordered  by  the  governing  body.  (144,  145) 

Sec.  305.  Same — Duties — Such  ballot  judge  shall  be 
in  attendance  at  the  opening  of  the  polls,  and  serve  until 
the  votes  are  counted.  He  shall  receive  the  ballots  from 
the  regular  judges,  and,  in  their  issue  to  voters,  act  in 
place  and  perform  the  duties  of  the  regular  judge  in 
charge  of  the  ballots.  Such  judge  and  one  of  the  regular 
judges,  not  a  member  of  the  same  political  party,  shall 
place  their  initials  on  the  back  of  the  ballots,  instead  of 
two  regular  judges.  When  a  challenge  is  interposed,  it 
shall  be  referred  to  the  regular  election  board,  and  no 
ballots  shall  be  issued  until  the  same  has  been  deter- 
mined. The  ballot  judge  shall  also  have  charge  of  the 
door,  and  see  that  voters  retire  promptly  to  the  booths, 
and  that  the  gatekeeper  performs  his  duty.  The  bal- 
lot clerks  shall  not  act  during  the  election,  but  be 
present  at  the  hour  of  closing  the  polls,  and  assist  in 


62  THE  PRIMARY  ELECTION  LAW 

counting  the  ballots  and  making  the  returns,  as  provided 
by  law.   (146) 

Sec.  306.  Same — Number  slips  and  receipts  for  bal- 
lots— When  so  directed  by  the  regular  election  board, 
the  ballot  judge  shall  deliver  to  the  elector  with  his 
ballots  a  card  or  paper  containing  the  first  letter  of  such 
voter's  surname,  and  his  number  on  the  register,  which 
he  shall  hand  with  his  ballots  to  the  judge  in  charge  of 
the  ballot  boxes,  who,  in  addition  to  his  other  announce- 
ments, shall  state  such  number,  as  an  aid  to  the  other 
judges  in  finding  his  name  on  their  register;  and  the 
judge  in  charge  of  the  ballot  boxes,  after  an  elector  has 
voted,  may  give  him  a  statement  to  be  delivered  to  the 
ballot  judge,  showing  that  his  ballots  have  been  properly 
used.  (147) 

Sec.  307.  Statement  of  vote  cast — After  the  polls 
have  been  closed,  the  ballot  judge  shall  attach  to  the 
register,  at  the  end  thereof,  a  statement  in  substance  as 
follows :  "The  whole  number  of  the  above-named  per- 
sons who  were  present  and  received  ballots  for  the 

purpose    'of    voting    was The    number   of 

persons   returning  spoiled   ballots   and   receiving  others 

was    ,   the   spoiled   ballots    being:      White 

ballots,    ;  pink  ballots,    ;  blue 

ballots,    ;  red  ballots,    ;  total, 

"    The  blanks  shall  be  filled  by  both  words 

and  figures.     Such   statement  shall  be  certified  by  the 
ballot  judge  and  attested  by  the  ballot  clerks.  (148) 

Sec.  308.  Ballots,  by  whom  canvassed  and  counted — 
The  ballot  judge  and  one  of  the  regular  judges,  not  of 
the  same  political  party,  and  the  ballot  clerks,  shall  can- 
vass and  count  the  white  and  pink  ballots  and  make  out 
the  returns  therefor,  and  the  other  judges  and  clerks  the 
blue  ballots.  When  there  is  a  red  box,  unless  special 
judges  and  clerks  have  been  appointed  for  that  purpose, 
the  ballots  therein  shall  be  canvassed  and  counted,  and 
the  returns  made  out  by  the  canvassers  first  completing 
their  other  work;  or  the  canvassers  may  relieve  one 
another,  as  they  see  fit.  But  in  every  case  the  memo- 
randa provided  for  in  this  chapter  shall  be  kept,  the 
canvassing  and  counting  done,  and  the  returns  made, 
the  same  as  where  no  ballot  judge  or  clerks  are  ap- 


OF  MINNESOTA  FOR  1905.  63 

pointed;  and  all  the  judges  and  clerks  shall  sign  the 
returns.  Each  political  party  shall  be  entitled  to  one 
watcher  for  each  set  of  canvassers.  (149) 

Sec.  309.  Special  judges  and  clerks — Appointment — 
Duties — In  every  city  in  which  the  charter  election 
shall  be  held  on  the  same  day  as  the  general  election, 
at  least  thirty  days  prior  thereto,  in  addition  to  the 
other  officers  provided  for  in  this  chapter,  there  shall  be 
two  special  judges  and  two  special  clerks  who  shall  be 
appointed  in  the  same  manner  as  regular  judges  and 
clerks  are  appointed,  and  subject  to  the  same  provi- 
sions as  to  filling  vacancies.  Such  judges  and  clerks  shall 
not  act  during  the  election,  but  be  present  at  the  hour 
for  closing  the  polls,  and  canvass  and  count  the  red 
ballots  only.  (150) 

Sec.  310.  Special  and  ballot  judges  and  clerks — Quali- 
fications— Pay — Ballot  judges  and  clerks  and  special 
judges  and  clerks  shall  have  the  same  qualifications  and 
receive  the  same  compensation  for  like  services  as  reg- 
ular judges  and  clerks,  and  be  subject  to  like  penalties. 
They  shall  deliver  all  returns  made  by  them,  and  all 
election  supplies,  to  the  regular  election  board,  and  such 
board  shall  thenceforth  proceed  in  all  things  as  though 
no  additional  judges  or  clerks  had  been  appointed.  No 
such  additional  judges  or  clerks  shall  be  employed  at 
any  except  a  general  election.  (151,  152) 

Sec.  311.  Sealing  boxes — As  soon  as  practicable  after 
the  canvass  has  been  completed,  and  in  the  presence  of 
all  the  judges,  each  box  shall  be  locked,  and  sealed  by 
pasting  firm  paper  across  the  lid  and  body  thereof  in 
such  manner  that  it  cannot  be  opened  without  breaking 
the  seal;  and  each  judge  shall  write  his  name  upon  said 
paper  in  such  place  as  to  prevent  the  box  being  opened 
without  tearing  the  name.  Such  sealing  shall  be  done 
before  the  board  separates  or  adjourns,  but  not  until, 
by  a  canvass  of  the  ballots  in  all  the  boxes,  it  has  been 
ascertained  that  all  the  ballots  to  be  sealed  in  a  box  have 
been  placed  therein.  (153) 

Sec.  312.  Seals  to  remain  unbroken — Additional  seals 
—-As  soon  as  practicable  after  each  ballot  box  has  been 
sealed,  it  shall  be  deposited  with  the  clerk  of  the  munic- 
ipality or  town,  and  there  remain  with  unbroken  seals 


64  THE  PRIMARY  ELECTION  LAW 

until  the  next  general  election,  unless  previously  opened 
by  proper  authority  for  examination  or  recount.  When 
a  committee  of  any  political  party  represented  on  the 
ballot  to  be  voted  at  any  general  election  shall  apply,  on 
or  before  the  day  of  election,  to  the  legal  custodian  of 
the  ballot  boxes  for  permission  to  affix  additional  seals 
and  securities  thereto,  he  shall  fix  a  time,  not  later  than 
two  days  after  election,  when  it  may  be  done,  and  shall 
forthwith  notify  the  applicant  and  all  candidates  on  such 
ballot,  or  their  representatives,  of  such  application,  and 
of  the  time  when,  at  his  office  and  in  his  presence,  such 
additional  seals  and  securities  are  to  be  affixed.  Repre- 
sentatives of  any  other  political  party,  then  present,  on 
request  shall  be  allowed  a  like  privilege,  but  the  seals 
affixed  by  the  board  shall  not  be  defaced  or  injured 
thereby.  (154) 

Sec.  313.  Poll  lists  and  registers,  how  disposed  of— 
When  the  canvass  has  been  completed,  one  poll  list  and 
one  register,  kept  and  checked  as  in  this  chapter  pro- 
vided, shall  be  attached  together  by  the  judges  and 
forthwith  filed  with  the  clerk  of  the  municipality,  to- 
gether with  the  ballot  register,  if  any;  and  the  other 
poll  lists,  registers,  and  poll  books  so  kept  and  checked 
shall  be  by  said  judges  forthwith  returned  to  the  county 
auditor  with  the  election  returns.  Such  poll  lists  and 
registers  shall  be  open  at  all  times  to  public  inspection 
without  charge.  (155) 

Sec.  314.  Form  of  returns — In  making  out  the  re- 
turns, the  clerks  shall  set  down  the  total  number  of 
names  entered  upon  the  registers,  male  and  female  sepa- 
rately, in  columns  prepared  therefor,  the  total  number 
of  ballots  actually  cast  and  counted,  the  name  of  each 
person  voted  for,  the  number  of  votes  received  by  him, 
and  the  office,  all  numbers  being  written  in  both  words 
and  figures.  Such  returns  shall  be  in  substantially  the 

following  form,  viz. :  "At  an  election  held  at 

in     the   election     district,     composed     of 

in  the  county  of ,  state  of  Min- 
nesota, on  the day  of ,  19....,  the  fol- 
lowing named  persons  received  the  number  of  votes  op- 
posite their  respective  names  for  the  following  office, 
to  wit:  For  (office),  A.  received votes;" 


OP  MINNESOTA  FOR  1905.  65 

and  the  same  in  case  of  every  person  voted  for.  Such 
returns  shall  be  made  in  duplicate,  each  signed  by  the 
judges  and  attested  by  the  clerks  of  election.  (156) 

Sec.  315.  Returns  to  be  sealed  and  delivered — Before 
separating,  the  judges  shall  include  one  set  of  such  re- 
turns in  each  of  two  envelopes,  one  of  which  envelopes 
shall  then  be  sewed  by  drawing  twice  through  it  and 
the  return  therein  a  substantial  twine,  tying  the  ends 
thereof  together  and  then  sealing  said  envelope  in  three 
places  with  wax  and  stamp  furnished  by  the  county 
auditor,  one  of  which  places  shall  be  over  the  knot  in 
said  twine,  then  indorse  each  envelope  in  the  following 
form :  "Election  returns  of  the  election  district  of 

in  the  county  of ,"  and  direct 

one  of  such  envelopes  to  the  auditor  and  the  other  to 
the  proper  town,  village,  or  city  clerk.  In  towns,  vil- 
lages, and  cities  of  the  fourth  class,  one  set  of  such 
returns,  together  with  all  unused  and  spoiled  white, 
pink,  and  blue  ballots,  shall  be  delivered  to  the  auditor 
at  his  office,  by  a  judge  chosen  by  lot  or  agreement, 
and  the  other,  in  like  manner,  to  the  clerk  of  the  munic- 
ipality. The  judges  also  shall  make  a  summary  state- 
ment of  the  total  votes  cast  for  each  person  for  any 
office,  and  for  and  against  each  proposition  voted  upon, 
and  cause  the  same  to  be  filed  with  the  auditor  with 
such  returns,  where  it  shall  remain  open  to  public  in- 
spection. (157-159) 

Sec.  316.  Delivery  of  returns  and  unused  ballots — In 
towns,  villages,  and  cities  of  the  fourth  class,  the  judges 
in  all  districts  within  fifty  miles  of  the  county  seat  shall 
file  their  election  returns  within  twenty-four  hours  after 
the  polls  close,  and,  when  the  distance  is  more  than  fifty 
miles,  within  seventy-two  hours.  In  cities  of  the  first, 
second,  and  third  classes,  immediately  after  the  canvass 
has  been  completed  and  the  returns  prepared,  the  judges 
and  clerks,  before  separating  and  without  stopping  at 
any  place  or  leaving  any  of  their  ballot  boxes,  returns, 
or  ballots  at  any  place  or  with  any  person,  shall  deliver 
to  the  city  clerk,  at  his  office,  one  set  of  such  returns, 
the  ballot  boxes,  all  unused  and  spoiled  red  ballots,  and 
all  other  things  in  this  chapter  required  to  be  delivered 
by  them  to  such  clerk ;  and  the  clerk  shall  remain  in  his 


66  THE  PRIMARY  ELECTION  LAW 

office  to  receive  the  same  until  all  have  been  delivered. 
The  clerk  shall  keep  a  book  in  which,  in  their  presence, 
he  shall  enter  the  names  of  the  judges  and  clerks,  and 
the  hour  at  which  such  delivery  was  made,  which  book 
shall  be  preserved  in  his  office  for  the  same  period  as  the 
ballots.  The  judges  in  each  district  shall  forthwith 
choose  one  of  their  number,  by  lot  or  agreement,  to 
deliver  the  other  copy  of  such  returns,  and  the  unused 
and  spoiled  white,  pink,  and  blue  ballots,  to  the  auditor. 
The  judge  so  chosen  shall  deliver  such  returns,  ballots, 
and  all  other  things  in  this  chapter  required  to  be  so 
delivered,  to  such  auditor,  at  his  office,  within  twenty- 
four  hours  after  delivery  of  the  ballot  boxes  and  re- 
turns to  the  city  clerk.  (160,  161) 

Sec.  317.  Failure  to  deliver  return — Special  mes- 
senger— Whenever  the  judges  of  election  fail  to  make 
return  as  provided  in  this  chapter,  the  auditor,  or  clerk 
to  whom  such  returns  should  have  been  made  shall  dis- 
patch a  special  messenger  to  obtain  them,  who  shall  be 
entitled  to  the  same  compensation  as  a  judge  of  election 
for  like  services,  and  be  subject  to  the  same  penalties. 
(166) 

Sec.  318.  Informalities — No  officer  to  whom  election 
returns  are  required  to  be  made  shall  refuse  to  receive 
them  because  they  are  returned  or  delivered  to  him  in 
any  other  manner  than  that  prescribed  in  this  chapter, 
except  that  they  must  be  sealed.  No  canvassing  board 
shall  refuse  to  include  any  returns  in  its  canvass  of  votes 
on  account  of  any  informality  in  holding  the  election  or 
making  returns  thereof,  but  all  returns  shall  be  received 
and  the  votes  canvassed  by  such  board  and  included  in 
its  statements  where  there  is  a  substantial  compliance 
with  the  provisions  of  this  chapter.  (168,  169) 

Sec.  319.  County  canvassing  board — The  auditor,  the 
chairman  of  the  county  board,  and  two  justices  of  the 
peace  selected  by  the  auditor,  from  opposing  political 
parties  when  possible,  shall  constitute  the  county  can- 
vassing board,  any  three  of  whom  being  present  and 
sworn  shall  have  power  to  act.  Said  board,  within  ten 
days  after  the  election,  shall  meet  at  the  auditor's  office 
and  there  publicly  canvass  the  returns  made  to  said  au- 
ditor. Said  canvass  shall  be  completed  without  unneces- 


OF  MINNESOTA  FOR  1905.  67 

sary  delay,  and  thereupon  said  board  shall  make,  certify, 
and  file  with  the  auditor  statements  as  follows : 

1.  Of  the  whole  number  of  votes  cast  in  such  county 
for  the  several  state  officers,  including  presidential  elec- 
tors, members  of  the  legislature,  and  judges  of  the  dis- 
trict court,   the   names   of  the   persons   for   whom   such 
votes  were  cast,  and  the  number  cast  for  each.     Also, 
upon   the  same   return,  the   total   number  of   registered 
names,  male  and  female  separately,  in  each  election  dis- 
trict, and  the  total  number  of  ballots  cast  therein. 

2.  Of  the  names  of  all  persons  receiving  votes  for  any 
county  office,  and  the  number  of  votes  received  by  each. 

3.  Of  the  names  of  all  candidates  for  the  office  of 
representative   in    Congress,   and   the    number   of   votes 
received  by  each. 

4.  Of  the  number  of  votes  cast  for  and  against  any 
proposed  change  of  county  lines  or  county  seat. 

5.  Of  the  number  of  votes  cast  for  and  against  any 
proposed  amendment  to  the  constitution,  or  other  pro- 
posal submitted  to  popular  vote.   (169,  170) 

Sec.  320.  Returns  to  secretary  of  state — Two  copies 
of  each  of  such  statements  shall  be  made  and  certified 
under  the  official  seal  of  the  auditor,  each  inclosed  in 
an  envelope  directed  to  the  secretary  of  state,  with  the 
auditor's  name  and  official  address  and  the  words  "Elec- 
tion Returns"  indorsed  thereon,  and  forwarded  by  dif- 
ferent mails  within  five  days  of  each  other.  If  neither 
copy  be  received  by  the  secretary  within  twenty  days 
after  the  election,  he  shall  immediately  notify  the  audi- 
tor of  that  fact,  who  shall  transmit  another  copy  thereof 
to  said  secretary  by  special  messenger  deputed  by  him. 
(171) 

Sec.  321.  County  canvassing  board  to  declare  persons 
elected — The  board,  having  completed  its  canvass,  shall 
declare  the  person  receiving  the  highest  number  of  votes 
for  each  county  office  duly  elected  thereto.  When  such 
county  constitutes  or  contains  a  senatorial  or  representa- 
tive district,  it  shall  declare  the  persons  receiving  the 
highest  number  of  votes,  respectively,  for  senator  or 
representative,  duly  elected.  (172) 

Sec.  322.  Certificates  of  election  and  copies  of  re-, 
turns — The  auditor  of  each  county  shall  make,  for  every 


68  THF  PRIMARY  ELECTION  LAW 

officer  and  member  of  the  legislature  elected  therein, 
a  certificate  of  such  election,  and  deliver  the  same  to  the 
person  entitled  thereto,  without  fee,  upon  demand.  He 
shall  also  make,  for  any  candidate  or  voter  of  his  county, 
a  certified  copy  of  any  statement  of  votes  made  by  the 
county  canvassing  board,  on  payment  or  tender  of  one 
dollar  therefor.  (173) 

Sec.  323.  Legislative  vote — More  than  one  county — 
In  legislative  districts  whose  senators  or  representatives 
are  voted  for  in  more  than  one  county,  the  auditor  of 
each  county  shall  make,  under  his  official  hand  and  seal, 
and  from  the  returns  in  his  office  as  determined  by  the 
county  canvassing  board,  a  statement  of  the  votes  cast 
for  the  several  candidates  for  senator  or  representative, 
as  the  case  may  require.  Such  certificates  shall  be  filed 
within  fifteen  days  after  the  'election  with  the  auditor 
of  the  county  senior  in  age,  or,  if  none  be  senior,  of  that 
casting  the  largest  vote  at  the  preceding  general  elec- 
tion. (174) 

Sec.  324.  Same — Canvass  of  votes,  etc. — The  auditor 
with  whom  said  certificates  are  filed,  two  justices  of  the 
peace  selected  by  him,  the  chairman  of  the  county  board 
of  his  county,  and  such  auditors  of  the  other  counties 
forming  parts  of  such  district  as  may  choose  to  attend, 
shall  constitute  the  legislative  canvassing  board.  Such 
board  shall  meet  on  the  twentieth  day  after  the  election 
at  the  office  where  said  certificates  are  filed,  and  there 
open  and  canvas  the  auditors'  returns  and  declare  the 
results  of  the  vote.  Said  auditor  shall  thereupon  make 
and  deliver  certificates  of  election  to  the  persons  having 
the  highest  number  of  votes  for  senator  and  representa- 
tive respectively.  (175) 

Sec.  325.  Same — Correction  of  errors — Whenever  it 
shall  appear  to  such  board  that  any  of  the  returns  so 
canvassed  by  them  are  erroneous  in  any  respect,  one  of 
its  number  shall  be  deputed  to  take  the  same  to  the 
officer  or  board  responsible  for  such  error,  and  secure 
its  correction.  If  necessary  therefor,  any  county  can- 
vassing board  shall  reassemble  forthwith  and  such  cor- 
rection be  made:  Provided,  that  it  shall  not  change 
any  decision  previously  made,  but  shall  only  cause  its 
canvass  to  be  correctly  stated.  The  legislative  board 


OF  MINNESOTA  FOR  1905.  69 

may  adjourn  in  such  cases  from  day  to  day,  not  exceed- 
ing ten  days  in  all.  (176) 

Sec.  326.  State  canvassing  board — The  secretary  of 
state  shall  call  to  his  assistance  two  or  more  judges  of 
the  supreme  court  and  two  disinterested  judges  of  the 
district  court,  and  they  shall  constitute  the  state  can- 
vassing board.  He  shall  appoint  a  meeting  of  such 
board  to  be  held  in  his  office  on  the  third  Tuesday  of 
December  after  each  general  election,  and  within  thirty 
days  after  a  special  election.  When  a  vacancy  in  the 
membership  of  said  board  occurs  by  reason  of  inability 
or  failure  of  any  such  judge  to  attend  on  the  day  ap- 
pointed, he  shall  fill  the  vacancy  by  selecting  another 
disinterested  judge  from  either  court:  Provided,  that 
not  more  than  two  judges  of  the  supreme  court  shall 
be  obliged  to  serve  upon  such  board  at  one  time.  (178) 

Sec.  327.  Statement  of  votes — Declaring  result — 
Such  board  shall  open  and  canvass  the  certified  copies 
of  the  statements  made  by  the  county  canvassing  boards, 
prepare  therefrom  a  statement  of  the  whole  number  of 
votes  cast  at  such  election  for  candidates  for  the  several 
state  offices,  the  names  of  the  persons  receiving  such 
votes  and  the  number  received  by  each,  specifying 
the  several  counties  in  which  they  were  cast.  Such 
board  shall  subscribe  and  certify  to  the  correctness  of 
such  statement,  and  within  three  days  after  such  canvass 
declare  the  result.  (179) 

Sec.  328.  Canvass  of  votes  for  members  of  Congress 
and  presidential  electors — At  the  same  time  such  board 
shall  open  and  canvass  the  returns  made  to  the  secre- 
tary of  state  for  members  of  Congress  and  presidential 
electors,  and  prepare  a  statement  of  the  number  of  votes 
cast  for  the  several  persons  receiving  votes  for  said 
offices,  and  declare  the  person  or  persons  receiving  the 
highest  number  of  votes  for  each  office  duly  elected.  But 
when  it  appears  that  more  than  the  number  of  persons 
to  be  elected  as  presidential  electors  have  the  highest 
and  an  equal  number  of  votes,  the  secretary  of  state,  in 
the  presence  of  said  board  shall  decide  by  lot  which  of 
such  persons  shall  be  declared  elected.  The  governor 
shall  transmit  to  each  person  so  declared  elected  a  cer- 
tificate of  election,  signed  by  him,  sealed  with  the  state 


70  THE  PRIMARY  ELECTION  LAW 

seal,  and  countersigned  by  the  secretary  of  state;  and 
immediately  after  said  canvass  is  completed  he  shall 
cause  a  statement  of  their  election  to  be  published  in 
one  or  more  of  the  newspapers  printed  at  the  state 
capital.  Whenever  two  or  more  persons  in  any  congres- 
sional district  receive  the  same  and  the  highest  number 
of  votes  for  representative  in  Congress,  a  special  elec- 
tion shall  be  called,  as  hereinafter  provided,  for  the  elec- 
tion of  a  representative  in  Congress  in  such  district. 
(180) 

Sec.  329.  Notice  of  presence  of  electors — Vacancies — 
Ties — Every  presidential  elector,  before  12  o'clock  m. 
on  the  day  next  preceding  that  fixed  by  Congress  for 
such  electors  to  vote  for  President  and  Vice-President 
of  the  United  States,  shall  notify  the  governor  that  he  is 
at  the  state  capitol,  and  ready  at  the  proper  time  to  fulfil 
his  duties  as  such  elector.  The  governor  shall  there- 
upon deliver  to  the  electors  present  a  certificate  of  the 
names  of  all  the  electors,  and  if  any  elector  named 
therein  fails  to  appear  before  9  o'clock  a.  m.  on  the  day, 
and  at  the  place,  fixed  for  voting  for  President  and  Vice- 
President  of  the  United  States,  the  electors  then  present 
shall,  in  the  presence  of  the  governor,  immediately  elect 
by  ballot  a  person  to  fill  such  vacancy.  If  more  than 
the  number  of  persons  so  required  have  the  highest  and 
an  equal  number  of  votes,  the  governor,  in  the  presence 
of  the  electors  attending,  shall  decide  by  lot  which  of 
said  persons  shall  be  elected.  (182,  183) 

Sec.  330.  Same — Notice,  etc. — Immediately  after  such 
vacancies  have  been  filled,  the  electors  present  originally 
chosen  shall  certify  to  the  governor,  the  names  of  the 
persons  so  elected  to  complete  their  number,  and  the 
governor  shall  at  once  cause  written  notice  to  be  given 
to  each  person  so  elected  to  fill  a  vacancy ;  and  the 
persons  so  chosen  shall  be  presidential  electors,  and 
meet  and  act  with  the  other  electors.  (184) 

Sec.  331.  Meeting  and  action  of  electors — Such  origi- 
nal and  substituted  presidential  electors,  at  12  o'clock 
m.,  shall  meet  in  the  executive  chamber,  at  the  state 
capitol,  and  then  and  there  perform  all  and  singular  the 
duties  imposed  upon  them  as  such  electors  by  the  con- 


OP  MINNESOTA  FOR  1905.  71 

stitution  and  laws  of  the  United  States  and  this  state. 
(181) 

Sec.  332.  Election  contest  for  legislature — Notice — 
Any  voter  of  a  senatorial  or  representative  district  may 
contest  the  validity  of  the  election  of  any  person  declared 
elected  to  the  senate  or  house  of  representatives  for  such 
district,  or  his  right  to  a  seat  therein,  by  causing  to  be 
served  upon  the  contcstee,  within  fifteen  days  after  the 
completion  of  the  final  canvass,  a  written  notice,  speci- 
fying the  points  on  which  the  contest  will  be  made,  and 
naming  two  justices  of  the  peace  of  such  legislative  dis- 
trict before  whom  depositions  relative  thereto  will  be 
taken,  and  the  time  and  place  thereof,  which  time  shall 
not  be  later  than  forty  days  after  the  election.  Such 
notice  shall  be  served  in  the  same  manner  as  a  summons 
in  a  civil  action,  at  least  ten  days  before  the  time  named 
therein  for  taking  such  depositions.  (186) 

Sec.  333.  Additional  points — Notice  by  contestee — 
Within  ten  days  after  the  service  of  such  notice,  the 
contestee,  if  he  desires  to  offer  testimony  upon  points 
not  specified  therein,  may  serve  a  like  notice  upon  the 
contestant,  specifying  such  additional  points;  naming 
two  justices  of  the  peace  of  the  district  to  take  the  testi- 
mony, and  fixing  a  time  and  place  therefor.  Such  time 
shall  be  not  less  than  ten  days  after  the  service,  nor 
more  than  ten  days  after  the  date  fixed  in  the  contest- 
ant's notice.  (188) 

Sec.  334.  Testimony — How  taken  and  certified — Said 
justices,  or  either  of  them,  shall  issue  subpoenas  to  all 
witnesses  whose  attendance  is  required  by  either  party. 
They  shall  administer  the  oath  to  all  witnesses  pro- 
duced, and  reduce  their  testimony  to  writing,  but  shall 
receive  no  testimony  which  does  not  relate  to  some  point 
specified  in  the  notice  in  which  they  are  named.  Such 
notice,  with  proof  of  the  service  thereof,  shall  be  at- 
tached to  the  evidence  taken,  which  shall  be  duly  certi- 
fied and  transmitted  to  the  presiding  officer  of  the  house 
by  which  the  contest  is  to  be  tried.  (187,  188) 

Sec.  335.  Conduct  of  contest  in  legislature — Rules — 
In  hearing  the  contest,  the  house  shall  proceed  as  fol- 
lows: 

1.  At  the  time  appointed,  the  parties  shall  be  called, 


72  THE  PRIMARY  ELECTION  LAW 

and,  if  they  appear,  their  appearance  shall  be  recorded. 

2.  If  the  presiding  officer  be  a  party,  a  speaker  pro 
tern,  shall  be  elected  to  preside. 

3.  The  contestant's  evidence  shall  be  submitted  first, 
followed   by  that   of  the   contestee,   and   the   contestant 
shall  open  the  argument,  and  close  the  same  after  the 
contestee  has  been  heard. 

4.  The  vote  upon  the  contest  shall  be  viva  voce,  any 
member  may  offer  reasons  for  the  vote  he  intends  to 
give,   and  a  majority  of   the  votes   given   shall   decide; 
but  no  party  to  the  contest  shall  vote  upon  any  question 
relative  thereto. 

5.  The  clerk  or  secretary  shall  enter  the  proceedings 
in  the  journal.  (189) 

Sec.  336.  Contesting  state  and  municipal  elections — 
Notices — Trial — Any  voter  may  contest  the  election  of 
any  person  for  or  against  whom  he  had  the  right  to 
vote,  who  is  declared  elected  to  a  state,  county,  or  munic- 
ipal office,  or  the  declared  result  upon  a  constitutional 
amendment  or  other  question  submitted  to  popular  vote, 
by  proceeding  as  follows :  He  shall  file  with  the  clerk 
of  the  district  court  of  the  county  of  his  residence,  with- 
in ten  days  after  the  canvass  is  completed,  a  notice  of 
appeal  to  such  court,  specifying  the  points  upon  which 
the  contest  will  be  made,  and  cause  a  copy  thereof  to  be 
served  upon  the  contestee  when  the  contest  relates  to 
the  election  of  an  officer,  upon  the  secretary  of  state 
when  it  is  a  matter  submitted  to  popular  vote  which 
affects  the  entire  state,  or  any  subdivision  thereof  larger 
than  a  county,  upon  the  auditor  when  it  affects  a  single 
county,  and  in  all  other  cases  upon  the  municipality 
affected.  In  case  of  a  contest  as  to  a  state  office,  the 
notice  may  be  filed  in  any  district  court  of  the  state,  but 
the  place  of  trial  may  be  changed  as  in  civil  actions. 
When  the  contestee  desires  to  offer  testimony  on  points 
not  specified  in  contestant's  notice,  he  shall  file  and  serve 
on  the  contestant  notice  thereof,  within  ten  days  after 
notice  of  the  appeal,  specifying  such  additional  points. 
Such  notices  shall  be  treated  as  the  pleadings  in  the  case, 
and  may  be  amended  in  the  discretion  of  the  court.  They 
shall  be  served  in  the  same  manner  as  a  summons  in 
a  civil  action,  and  the  testimony  shall  be  taken,  and  the 


OP  MINNESOTA  FOR  1905.  73 

matter  tried  and  determined,,  in  the  same  manner  as  such 
actions  are  tried  by  the  court,  at  a  general  or  special 
term,  if  any,  occuring  within  thirty  days  after  such  can- 
vass. When  no  term  is  already  fixed,  the  judge  shall 
seasonably  appoint  a  special  term  to  be  held  within 
such  time.  (190,  191;  '01  c.  365) 

Sec.  337.  Inspection  of  ballots — How  obtained — After 
a  contest  has  been  instituted,  either  party  may  have  the 
ballots  inspected  before  preparing  for  trial.  The  party 
applying  for  such  inspection  shall  file  with  the  clerk  a 
verified  petition,  stating  that  he  cannot  properly  pre- 
pare his  case  for  trial  without  an  inspection  of  such  bal- 
lots, and  thereupon  a  judge  of  said  court  shall  appoint 
three  persons,  one  selected  by  each  of  the  parties  and  a 
third  by  those  two,  by  whom  such  inspection  shall  be 
made.  It  shall  be  conducted  in  the  presence  of  the  legal 
custodian  of  the  ballots,  and  the  party  applying  therefor 
shall  file  with  the  clerk  a  bond  in  the  sum  of  two  hun- 
dred and  fifty  dollars,  with  two  sureties  approved  by  a 
judge  of. such  court,  conditioned  that  he  will  pay  the 
costs  and  expenses  of  such  inspection  in  case  he  fails  to 
maintain  his  contest.  In  case  either  party  neglects  or  re- 
fuses to  name  an  inspector,  he  shall  be  selected  by  the 
judge.  (193) 

Sec.  338.  Appeal  to  supreme  court — Method  of  pro- 
cedure— When  an  appeal  is  taken  to  the  supreme  court 
from  the  determination  of  the  district  court  in  any  con- 
test, the  party  appealing  shall  file  in  the  district  court 
a  bond  in  such  sum,  not  less  than  five  hundred  dollars, 
and  with  such  sureties,  as  shall  be  approved  by  the 
judge,  conditioned  for  the  payment  of  all  costs  incurred 
by  the  respondent  in  case  appellant  fails  on  his  appeal. 
The  return  on  such  appeal  shall  be  made,  certified,  and 
filed  in  the  supreme  court  within  fifteen  days  after 
service  of  notice  of  appeal.  The  appeal  may  be  brought 
on  for  hearing  in  said  court  at  any  time  when  it  is  in 
session,  upon  ten  days'  notice  from  either  party,  which 
may  be  served  during  term  time  or  in  vacation;  and  it 
may  be  heard  and  determined  summarily  by  said  court. 
(192) 

Sec.  339.  Contesting  vote  on  county  seat  removal, 
etc. — When  a  vote  is  taken  in  any  county  on  the  removal 


74  THE  PRIMARY  ELECTION  LAW 

of  the  county  seat,  changing  county  lines,  or  on  any 
other  question  submitted  to  popular  vote,  any  voter 
therein  may  contest  the  declared  result  thereof.  Within 
thirty  days  after  such  result  is  declared  or  proclaimed, 
he  shall  cause  to  be  served  on  the  county  board  of  the 
county  in  which  said  vote  was  taken,  qr  on  a  member 
thereof,  a  notice  specifying  the  points  on  which  said 
election  will  be  contested ;  and  within  ten  days  after 
such  service  he  shall  file  with  the  clerk  of  the  district 
court  of  said  county  a  copy  of  such  notice.  No  appeal  to 
said  court  shall  be  required.  Such  district  court,  at  its 
first  general  or  special  term  thereafter,  shall  hear  and 
determine  such  contest  as  in  the  case  of  civil  actions 
triable  by  the  court.  Such  county  board,  or  upon  its 
failure  any  voter  of  the  county,  may  appear  and  defend 
in  such  contest.  (195,  196) 

Sec.  340.  Defective  ballots — Whenever  in  any  con- 
tested election  the  tribunal  hearing  the  contest  shall 
determine  that  the  ballots  used  in  any  district,  by  rea- 
son of  the  omission,  addition,  misplacing,  misspelling,  or 
misstatement  of  one  or  more  titles  of  offices,  names  of 
candidates,  or  parties  or  policies  represented  by  them, 
were  so  defective  as  to  the  office  in  contest  as  to  be 
calculated  to  mislead  the  voters  in  regard  to  any  of  the 
candidates  for  said  office,  and  that  the  defective  condi- 
tion of  said  ballots  may  have  affected  the  result  of  the 
entire  election  for  such  office,  the  election  shall  be  de- 
clared invalid  as  to  said  office.  (197) 

Sec.  341.  Compensation  for  election  services — The 
compensation  for  services  performed  under  this  chapter 
shall  be  as  follows: 

1.  To  presidential  electors,  ten  dollars  for  each  days' 
attendance  at  the  capitol,  and  five  cents  for  each  mile 
necessarily  traveled  in  going  to  and  returning  from  St. 
Paul. 

2.  To  members  of  the  state  canvassing  board,  three 
dollars  for  each  days'  attendance,  and  ten  cents  for  each 
mile  of  necessary  travel. 

3.  To  persons  carrying  ballots  from,  and  returns  to, 
county  auditors'  offices,  one  dollar  for  each  trip  neces- 
sarily made,  and  ten  cents  for  each  mile  of  necessary 
travel. 


OF  MINNESOTA  FOR  1905.  75 

4.  To  auditors,  chairmen  of  county  boards,  justices 
of  the   peace,   and  others   acting  in   their   places,   three 
dollars  for  each   eight  hours  of  service  as  members  of 
any  canvassing  board,   and  ten  cents  for  each   mile  of 
necessary  travel. 

5.  To  regular,  special,  and  ballot  judges  and  clerks  of 
election,    twenty-five      cents   for   each    hour    necessarily 
spent  in  registering  voters  and  receiving  votes,  and  thir- 
ty cents  for  each  hour  so  spent  in  counting  and  canvas- 
sing ballots. 

6.  To  special   peace  officers,  twenty   cents   for   each 
hour  of  service  rendered  by  direction  of  the  judges.  (162, 
163,  177,  178,  185) 

Sec.  342.  Compensation  and  other  expenses,  how 
paid — The  compensation  prescribed  in  §  341  subds.  1,  2, 
the  cost  of  printing  the  white  and  pink  ballots,  and  all 
necessary  expenses  incurred  by  the  secretary  of  state 
in  connection  with  elections,  shall  be  paid  by  the  state 
out  of  any  moneys  not  otherwise  appropriated.  That 
prescribed  in  §  341  subds.  3,  4,  the  cost  of  printing  the 
blue  ballots,  and  all  necessary  expenses  incurred  by  the 
auditors  in  connection  with  elections,  shall  be  paid  by 
the  respective  counties.  That  prescribed  in  the  remain- 
ing subdivisions  thereof,  the  cost  of  printing  the  red 
ballots,  of  providing  ballot  boxes  and  polling  places,  and 
equipping  the  same,  and  all  necessary  expenses  of  the 
clerks  of  municipal  corporations  on  account  of  elections, 
shall  be  paid  by  the  respective  towns,  villages,  or  cities 
where  the  elections  are  held.  All  disbursements  here- 
under  shall  be  presented,  audited,  and  paid  as  in  the  case 
of  other  public  expenses.  (162,  163,  177,  178,  185) 

Sec.  343.  Application  to  towns  and  villages — Excep- 
tions as  to  cities — The  foregoing  provisions  of  this 
chapter  shall  not  apply  to  elections  of  town  officers,  nor, 
except  those  relating  to  the  arrangements  for  voting  at 
the  polls  and  the  preservation  of  order  thereat,  to  village 
elections.  And  nothing  herein  shall  affect  the  terms  of 
city  officers,  or  the  times  of  holding  city  elections,  as 
prescribed  by  the  charters  of  the  several  cities.  (203,  204; 
'95  c.  139) 


76  THE  PRIMARY  ELECTION  LAW 

VOTING  MACHINES. 

Sec.  344.  Municipal  corporations  may  provide — The 
governing  body  of  any  municipal  corporation,  at  any 
regular  meeting  thereof,  or  at  any  special  meeting 
called  for  that  purpose,  may  provide  for  the  use  of  au- 
tomatic voting  machines  in  any  one  or  more  districts 
thereof,  at  all  elections  to  be  held  therein ;  but,  in  an 
election  of  school  officers  only,  the  use  of  such  machines 
shall  not  be  made  compulsory.  No  such  machine  shall 
be  adopted  or  used  unless  it  be  so  constructed  and 
operated  as  to  insure  the  secrecy  of  each  vote,  and  to 
automatically  register  and  count  all  the  votes  given, 
and  to  conceal  the  number  of  votes  for  each  candidate 
and  upon  each  proposition  from  the  opening  of  the  polls 
to  the  closing  thereof.  ('99  c.  315  s.  1) 

The  governing  body  of  any  city,  village  or  town  in 
this  state  may  provide  for  the  use  of  voting  machines 
in  all  or  one  or  more  election  districts  thereof  at  all 
elections  to  be  held  therein,  including  primary  elections ; 
and  at  any  such  elections,  the  vote  or  ballot  may  be 
had  and  taken,  and  the  votes  cast  thereat  registered  or 
recorded  and  counted,  and  the  results  of  such  election 
or  elections  ascertained  by  the  use  of  voting  machines 
instead  of  in  the  mode  and  manner  now  established  by 
law,  provide  however,  that  the  adoption,  examination, 
purchase  and  use  of  such  machines  and  their  use  at  such 
elections,  shall  be  subject  to  the  provisions  hereinafter 
contained. 

Where  voting  machines  are  authorized  and  employed, 
the  arrangement  of  the  names  of  the  candidates  thereon 
for  each  office  shall  be  substantially  the  same  as  that 
prescribed  by  law  where  printed  ballots  are  used,  ex- 
cept that  the  provision  contained  in  the  general  election 
law  requiring  the  rotation  of  the  names  of  candidates 
where  more  than  one  is  to  be  elected  to  the  same  office, 
need  not  be  observed.  In  such  case  the  names  of  the 
candidates  of  the  various  political  parties  shall  be 
arranged  on  the  ballot  form  alphabetically  according  to 
surnames. 

The  machine  adopted  or  employed  must  be  so  con- 
structed as  to  insure  to  every  elector,  an  opportunity  to 


OP  MINNESOTA  FOR  1905.  77 

vote  in  secret;  to  permit  him  to  vote  once  and  only 
once  for  all  the  candidates  and  upon  all  the  propositions 
for  whom  or  upon  which  he  is  legally  entitled  to  vote; 
to  permit  him  to  vote  by  means  of  some  device  con- 
nected with  the  mechanism  of  the  machine,  for  any 
person  for  any  office  elective  by  the  voters  of  his  elec- 
tion district  at  such  election,  although  such  person  has 
not  been  regularly  nominated  for  such  office  by  any 
political  party,  and  his  name  does  not  appear  upon  the 
ballot  form  on  or  in  such  machine  as  a  candidate  for 
such  office;  to  prevent  the  elector  from  voting  for  more 
than  one  person  for  the  same  office,  unless  he  is  law- 
fully entitled  to  vote  for  more  than  one  person  therefor, 
and  in  that  event  to  limit  him  to  the  number  to  be 
elected  to  that  office ;  to  prevent  him  at  a  primary  elec- 
tion, from  voting  for  the  nomination  of  candidates  of 
more  than  one  party,  or  for  any  person  whose  name  is 
not  on  the  official  ballot  at  such  election;  to  prevent 
him  from  voting  for  any  office  or  upon  any  proposed 
amendment,  question  or  proposition,  for  whom  or  upon 
which  he  is  not  lawfully  entitled  to  vote;  to  permit  him 
to  change  or  retract  any  vote  he  has  attemped  to  cast 
for  any  candidate  for  any  office  or  upon  any  proposition 
up  to  the  time  his  vote  has  been  completed,  and  his 
vote  in  favor  of  such  person  or  proposition  has  been 
registered  thereon.  No  machine  which  does  not  comply 
with  these  requirements  shall  be  approved,  authorized 
or  employed. 

There  is  hereby  created  a  body  to  be  known  as  "The 
Minnesota  Voting  Machine  Commission,"  consisting  of 
three  members,  including  the  attorney  general,  who 
shall  be  chairman. 

Within  thirty  days  after  the  passage  of  this  act,  there 
shall  be  appointed  as  members  of  said  commission,  two 
competent  and  responsible  persons,  who  shall  be  master 
mechanics  or  graduates  of  a  school  of  mechanical  engi- 
neering. 

The  governor  shall  appoint  one  of  said  members  and 
the  attorney  general  the  other. 

None  of  the  members  of  said  commission  shall,  direct- 
ly or  indirectly,  have  any  pecuniary  interest  in  any  vot- 


78  THE  PRIMARY  ELECTION  LAW 

ing  machine.  The  said  appointees  shall  serve  for  a  term 
of  four  years  from  the  date  of  appointment  and  until 
their  successors  are  in  like  manner  appointed.  The 
appointing  power  may  fill  vacancies  in  said  commission. 
The  said  members  of  said  commission  so  appointed 
shall  qualify  without  delay  by  taking  and  filing  with  the 
secretary  of  state  an  oath  of  office  in  writing  in  the 
usual  form,  and  shall  elect  one  of  their  members  to  be 
secretary  and  one  to  be  treasurer. 

Any  person,  company  or  corporation  owning  or  being 
interested  in  any  voting  machine  may  apply  to  said  com- 
mission to  examine  such  machine  and  to  report  as  to  its 
compliance  with  the  requirements  of  the  law  and  on  its 
accuracy,  durability,  efficiency  and  capacity  to  register 
the  will  of  electors.  The  commission  shall  thereupon 
examine  the  machine  so  submitted,  and  make  and  file 
its  report  thereon.  Said  examination  shall  not  be  re- 
quired as  to  each  individual  machine,  but  only  as  to  each 
particular  kind  or  type  of  machine,  before  its  adoption, 
use,  or  purchase  as  provided  herein. 

The  report  of  said  commission  shall  be  signed  by  the 
attorney  general  and  at  least  one  other  member,  and 
shall  be  filed  with  the  secretary  of  state  within  ten  days 
after  the  close  of  said  examination. 

If,  from  said  report,  it  shall  appear  that,  in  the  opinion 
of  the  commission,  the  kind  of  machine  so  examined 
complies  with  the  requirements  of  this  act  and  can  be 
used  safely  at  elections  in  this  state,  under  the  condi- 
tions prescribed  by  this  act  and  by  the  laws  of  the  state 
wrhere  the  same  do  not  conflict  herewith,  then  said 
machine  shall  be  deemed  approved  by  said  commission, 
and  machines  of  its  kind  may  be  adopted  and  purchased 
for  use,  and  may  be  used  at  elections  in  this  state  as 
herein  provided.  No  form  of  voting  machine  not  so 
approved  may  be  used  at  any  election  in  this  state. 

As  the  examination  fee  herein,  said  application  shall 
be  accompanied  by  the  sum  of  one  hundred  and  fifty  dol- 
lars. After  there  has  been  deducted  and  paid  out  of 
said  sum  all  expenses  incurred  by  said  commission  in  the 
discharge  of  its  duties  herein  the  balance  shall,  at  such 
time  as  the  commission  may  decided,  be  paid  in  equal 


OF  MINNESOTA  FOR  1905.  79 

parts  to  the  members  of  said  commission  other  than  the 
attorney  general  as  full  compensation  for  their  services 
and  expenses  herein. 

Whenever  the  governing  body  of  any  city,  village 
or  town  shall  determine  to  use  such  machines,  it  shall 
by  resolution  or  ordinance  prescribe  suitable  rules  and 
instructions  not  inconsistent  with  the  provisions  of  this 
act  for  using  the  same,  submit  the  same  to  the  attor- 
ney general  for  his  approval,  and  when  approved  by 
him,  cause  notices  thereof  to  be  given,  as  in  the  case 
of  election  notices. 

The  governing  body  of  each  city,  village  and  town 
in  this  state  is  hereby  authorized  to  purchase  for  the 
use  of  each  election  district,  in  which  it  has  authorized 
the  use  of  voting  machines,  one  or  more  such  machines 
in  complete  working  order,  and  to  make  suitable  pro- 
vision for  the  adjustment,  custody  and  care  thereof. 

No  more  than  three  judges  of  election  and  no  more 
than  two  clerks  of  election  shall  be  employed  to  officiate 
in  any  district  wherein  voting  machines  are  used.  The 
judges  shall  enforce  the  rules  prescribed  for  the  use 
of  such  machines,  and  carry  out  all  the  provisions  of 
the  election  laws  of  this  state  relating  to  elections, 
except  such  as  are  rendered  inapplicable  by  the  use  of 
such  machines.  The  election  districts  in  which  voting 
machines  are  to  be  used  may  be  enlarged  or  reformed 
in  the  manner  prescribed  in  the  general  election  law, 
so  that  each  district  shall,  when  so  first  formed,  contain 
not  to  exceed  six  hundred  male  electors,  as  shown  by  the 
registration  books  used  at  the  then  next  preceding 
general  election. 

Payment  for  such  machines  may  be  provided  for  in 
such  manner  as  is  deemed  for  the  best  interests  of  the 
political  division  adopting  and  purchasing  them,  and 
each  city,  village  and  town  is  hereby  authorized  for 
said  purpose,  to  appropiate  money  from  the  general 
fund,  to  levy  a  tax  in  the  same  manner  as  other  taxes 
are  levied,  or  to  issue  and  sell  bonds  or  other  certificates 
of  indebtedness,  which  shall  be  a  charge  upon  such,  city, 
village  or  town  so  adopting  and  purchasing  sjuch  vot- 
ing machines,  and  to  provide  for  the  payment  and  re- 


80  THE  PRIMARY  ELECTION  LAW 

demption  thereof,  at  maturity.  Such  bonds  or  other 
certificates  of  indebtedness  when  issued  by  a  city  hav- 
ing a  population  of  more  than  fifty  thousand  inhabitants 
according  to  the  last  preceding  state  or  national  census, 
may  be  issued  by  a  majority  vote  of  its  governing  body, 
and  when  issued  by  a  city  of  any  other  class  or  by  a 
village  or  town,  by  vote  of  its  governing  body  duly 
ratified  by  the  electors  of  such  city,  village  or  town  at 
the  next  election  held  therein. 

The  bonds  or  certificates  of  indebtedness  so  issued 
may  bear  interest  at  a  rate  not  exceeding  six  per  cent 
per  annum  and  may  be  made  payable  at  such  time  not 
exceeding  twenty  years  from  the  date  thereof,  as  may 
be  determined  by  the  resolution  or  ordinance  authoriz- 
ing the  issuance  thereof,  and  may  be  issued  exclusive 
of  and  in  addition  to  any  limit  of  indebtedness  fixed  by 
the  charter  of  such  city  or  village,  or  by  the  laws  of 
this  state  for  such  city,  village  or  town,  but  such  bonds 
or  certificates  shall  not  be  issued  or  sold  at  less  than 
par  and  accrued  interest  thereon. 

All  laws  and  parts  of  laws  now  in  force  in  this  state 
relating  to  state,  county,  city,  village  and  town  elec- 
tions, and  defining  the  powers  and  duties  of  election 
officers  so  far  as  applicable  to  the  use  of  voting  machines, 
shall  remain  in  full  force  and  effect,  and  all  laws  and 
parts  of  laws  inconsistent  herewith  shall  be  suspended 
in  each  city,  village,  town  or  election  district  wherein 
such  voting  machines  are  used,  so  long  as  the  same 
shall  be  used  therein. 

Any  person  who  shall  wilfully  injure  or  attempt  to 
injure  or  render  ineffectual,  any  voting  machine  pro- 
vided in  accordance  with  the  provisions  of  this  act,  or 
who  shall  violate  any  of  the  provisions  hereof,  shall  be 
guilty  of  a  misdemeanor  and  punished  accordingly . 
(1905  c.  267) 

Sec.  345.  Rules  for  use — Whenever  the  governing 
body  of  any  municipal  corporation  shall  determine  to 
use  such  machines,  it  shall,  at  a  regular  or  special  meet- 
ing held  not  less  than  thirty  days  before  the  election, 
prescribed  suitable  rules  and  instructions,  not  incon- 
sistent with  the  provisions  of  this  chapter,  for  using  the 


OF  MINNESOTA   FOR  1905.  81 

same,  submit  the  same  to  the  attorney  general  for  his 
approval,  and,  when  approved  by  him,  cause  notice 
thereof  to  be  given  as  in  the  case  of  election  notices. 
('99  c.  315  s.  2) 

Sec.  346.  Bond  to  keep  in  repair — No  payment  shall 
be  made  upon. the  purchase  price  of  any  such  machine 
until  the  vendor  thereof  shall  have  filed  with  the  secre- 
tary of  state  a  bond,  with  sufficient  sureties,  specifying 
such  machine  by  its  number,  and  conditioned  to  keep 
the  same  in  good  working  order,  at  his  own  expense,  for 
five  years.  The  penalty  of  such  bond  shall  be  at  least 
two  hundred  dollars,  and  upon  a  breech  thereof  the 
amount  of  such  penalty  shall  be  the  measure  of  dam- 
ages recoverable  by  the  purchaser. 

Sec.  347.  Election  officers  where  voting  machines  are 
used — Xo  clerks  and  no  more  than  three  judges  shall 
be  employed  to  officiate  in  any  district  wherein  voting 
machines  are  used.  The  judges  shall  enforce  the  rules 
prescribed  for  the  use  of  such  machines,  and  carry  out 
all  the  provisions  of  this  chapter  relating  to  the  elec- 
tion, except  such  as  are  rendered  inapplicable  by  the 
use  of  such  machines.  ('99  c.  315  ss.  3,  4) 

CORRUPT  PRACTICES. 

Sec.  348.  Candidates'  expenditures — Legal  expenses 
defined — No  candidate  for  nomination  to  any  elective 
office  shall  directly  or  indirectly  pay,  expend,  or  contrib- 
ute ary  money  or  other  valuable  thing,  or  promise  so 
to  do,  except  legal  expenses,  as  the  same  are  herein- 
after defined  and  limited : 

1.  For  the  candidate's  personal  traveling  expenses. 

2.  For  rent  and  necessary  furnishing  of  halls  or  rooms 
during  such  candidacy  for  the  delivery  of  speeches  rela- 
tive to  principles  or  candidates. 

3.  Payment  of    speakers    and    musicians    at    public 
meetings,  and  their  necessary  traveling  expenses. 

4.  Printing   and   distribution   of   lists   of   candidates, 
sample  ballots,  pamphlets,  newspapers,  circulars,  cards, 
handbills,  posters,  and  announcements  relative  to  candi- 
dates or  political  issues  or  principles. 


82  THE  PRIMARY  ELECTION  LAW 

5.  For  his  share  of  the  reasonable  compensation  of 
challengers  at  the  polls. 

6.  For  copying  and  classifying  poll  lists. 

7.  For  making  canvasses  of  voters. 

8.  For  postage  or  telegraph,  telephone,  or  other  pub- 
lic messenger  service. 

9.  For  clerk  hire  at  committee    headquarters. 

10.  For   conveying  infirm   or   disabled   voters   to   and 
from  the  polls.   ('95  c.  277  s.   1) 

Sec.  349.  Limit  to  candidates'  expenses — No  candi- 
date for  any  elective  office  shall,  directly  or  indirectly, 
pay  or  expend,  in  the  aggregate,  or  promise,  agree,  or 
offer  to  pay,  contribute,  or  expend,  any  money  or  other 
valuable  thing,  in  order  to  secure,  or  aid  in  securing, 
his  nomination,  or  the  nomination  and  election  of  any 
other  person,  or  in  aid  of  any  party  or  measure,  in  ex- 
cess of  a  sum  determined  as  follows:  When  the  total 
vote  within  the  same  constituency  at  the  last  election 
did  not  exceed  five  thousand,  two  hundred  and  fifty 
dollars;  for  each  one  hundred  voters  over  that  number 
and  under  twenty-five  thousand,  two  dollars;  for  each 
one  hundred  voters  over  twenty-five  thousand  and  under 
fifty  thousand,  one  dollar ;  and  for  each  one  hundred 
voters  over  fifty  thousand,  fifty  cents.  ('95  c.  277  s.  6) 

Sec.  350.  Candidates  to  file  affidavits  of  expenditures 
— Every  person  who  shall  be  a  candidate  for  nomination 
or  election  to  any  elective  office,  including  that  of  United 
States  senator,  shall  make  in  duplicate,  within  thirty 
days  after  the  election,  a  verified  statement  setting  forth 
each  and  every  sum  of  money  contributed,  disbursed, 
expended,  or  promised  by  him,  and  to  the  best  of  his 
knowledge  and  belief,  by  any  and  every  other  person, 
committee,  or  organization  in  his  behalf,  wholly  or  part- 
ly in  endeavoring  to  secure  his  nomination  or  election, 
or  that  of  any  oth'er  person,  at  any  caucus,  convention, 
primary,  or  election ;  that  the  affiant  has  used  all  reason- 
able diligence  in  preparing  to  make  such  statement;  and 
that  the  same  is  as  full  and  explicit  as  he  is  able  to 

make  it.    And  within  the  time  aforesaid  he  shall  file  one 

• 

copy   thereof   with   the   officer   authorized   to   issue   the 
certificate  of  nomination  or  election,  and  the  other  with 


OF  MINNESOTA  FOR  1905.  83 

the  auditor  of  the  county  wherein  he  resides.  No  officer 
shall  issue  any  commission  or  certificate  of  election  to 
any  person  until  such  statements  shall  have  been  so 
filed ;  nor  shall  such  person  enter  upon  the  duties  of 
such  office,  or  receive  any  salary  or  emolument  there- 
from, until  he  shall  have  filed  the  statements  herein  pre- 
scribed. ('95  c.  277  ss.  7,  9) 

Sec.  351.  Action  for  unsurpation — Incrimating  evi- 
dence— No  person  shall  be  permitted  to  hold  any  elec- 
tive office  procured,  with  his  knowledge,  connivance,  or 
consent,  in  violation  of  any  provision  of  §  §  348-350 ; 
and  any  voter  of  his  constituency,  by  petition  specifying 
such  violation,  may  require  the  attorney  general  to  pro- 
ceed against  such  person  as  for  usurpation  of  office.  But 
in  such  cases  the  petition  shall  be  accompanied  by  a 
bond  to  the  state,  conditioned  for  the  payment  of  all 
costs  and  disbursements  incurred  or  expended  in  such 
proceeding.  Upon  the  trial  of  such  actions,  no  person 
shall  be  excused  from  answering  any  question  on  the 
ground  that  the  answer  would  tend  to  incriminate  him. 
('95  c.  277  ss.  10-12,  15) 

Sec.  352.  Contest  no  bar — Failure  of  attorney  general 
—The  fact  that  any  question  raised  by  a  party  has  been 
adjudicated  in  any  contest  of  the  election  of  such  in- 
cumbent shall  not  bar  such  proceeding,  nor  prevent  the 
admission  of  any  relevant  testimony.  In  case  the  at- 
torney general  shall  fail  to  begin  such  proceeding  with- 
in ten  days,  the  petitioner  may  begin  and  conduct  the 
same  in  the  name  of  the  state,  but  in  such  case  no  re- 
covery of  costs  or  disbursements  shall  be  had  against 
the  state.  ('95  c.  277  s.  12) 

Sec.  353.  Determination  of  the  court — If  it  shall  be 
determined  that  one  or  more  of  the  charges  set  forth 
in  the  petition  have  been  sustained,  judgment  of  ouster 
shall  be  rendered  against  the  incumbent,  subject  to  the 
provisions  of  §  354,  and  for  costs ;  otherwise  judgment 
shall  be  rendered  against  such  petitioner  and  his  sure- 
ties for  costs.  ('95  c.  277  s.  13) 

Sec.  354.  Candidate  receiving  next  highest  vote  made 
a  party — Judgment — The  candidate  receiving  the  next 
highest  number  of  votes  for  the  same  office  may  in- 


84  THE  PRIMARY  ELECTION  LAW 

tervene  or  be  impleaded,  and  in  such  case,  if  judgment 
of  ouster  is  rendered  as  provided  in  §  353,  such  judg- 
ment shall  award  the  office  to  the  person  who  received 
the  next  highest  number  of  votes  therefor,  unless  it 
shall  have  been  determined,  upon  appropriate  pleadings 
and  proof,  that  he  has  also  violated  the  provisions  of 
this  chapter,  in  which  case  the  office  shall  be  declared 
vacant.  ('95  c.  277  s.  10) 

Sec.  355.  Political  committee  defined — Every  two  or 
more  persons  elected  or  appointed  by  any  political  party 
or  association  for  the  purpose,  wholly  or  partly,  of 
raising,  collecting,  or  disbursing  money,  or  directing 
the  raising,  collecting,  or  disbursing  thereof,  for  nomina- 
tion or  election1  purposes,  and  every  two  or  more  persons 
who  shall  co-operate  in  the  raising,  collecting,  or.  dis- 
bursing of  money  used  or  to  be  used  for  or  against  the 
election  to  public  office  of  any  person  or  any  class  or 
number  of  persons,  or  for  or  against  the  adoption  of  any 
law,  ordinance,  or  constitutional  amendment,  shall  be 
deemed  a  political  committee,  within  the  meaning  of 
this  chapter.  ('95  c.  277  s.  16) 

Sec.  356.  Committee  to  have  treasurer  to  receive  and 
disburse  all  moneys — Every  political  committee  shall 
appoint  and  constantly  maintain  a  treasurer  to  receive, 
keep,  and  disburse  all  money  which  may  come  into  his 
hands,  or  into  the  hands  of  any  member  thereof,  for  any 
of  the  purposes  mentioned  in  §  355 ;  and,  unless  a  treas- 
urer be  appointed  and  maintained,  neither  the  committee 
nor  any  member  thereof,  shall  collect,  receive,  or  dis- 
burse moneys  for  any  such  purpose.  All  moneys  col- 
lected, received,  or  disbursed  for  any  of  the  purposes 
aforesaid  shall  be  paid  to  such  treasurer  and  disbursed 
by  him ;  and  no  such  committee,,  or  member  thereof, 
shall  disburse  or  expend  money  for  any  of  the  objects  or 
purposes  aforesaid  until  the  same  shall  have  passed 
through  the  hands  of  its  treasurer.  ('95  c.  277  s.  17) 

Sec.  357.  Duties  of  treasurer  of  committee — Every 
such  treasurer  shall  keep  in  a  book  or  books  provided 
and  preserved  by  him  a  full,  true,  and  detailed  account 
of  each  and  every  sum  of  money  received  or  disbursed 
by  him,  the  date  when  and  the  person  from  whom  re- 


OP  MINNESOTA  FOR  1905.  85 

ceived  or  to  whom  paid,  as  the  case  may  be,  and  the 
purpose  for  which  such  sum  wras  received  or  disbursed 
('95  c.  277  s.  18) 

Sec.  358.  Treasurer's  account,  when  and  where  filed 
— Every  such  treasurer,  within  thirty  days  after  each 
primary  or  election  concerning  or  in  connection  with 
which  he  shall  have  received  or  disbursed  money  for 
election  or  campaign  purposes,  shall  prepare  and  file 
with  the  auditor  of  the  county  in  which  he  resides  a  true 
and  detailed  statement,  subscribed  and  verified  by  him, 
setting  forth  each  and  every  sum  of  money  by  him  re- 
ceived or  disbursed  for  such  purposes,  the  date  of  each 
receipt  and  disbursement,  the  name  of  the  person  from 
whom  received  or  to  whom  paid,  and  the  purpose  of 
each.  Such  statement  shall  also  contain  a  detailed  list 
of  the  unpaid  debts,  if  any,  of  such  committee,  with  the 
nature  and  amount  of  each,  and  to  whom  owing;  and, 
if  there  are  no  such  debts,  the  statement  shall  so  allege. 
Such  statement  shall  remain  on  file  for  four  years,  sub- 
ject to  public  inspection.  ('95  c.  277  ss.  19,  20) 

PENAL   PROVISIONS. 

Sec.  359.  False  registration — Personation — Every 
person  who  causes  or  attempts  to  cause  his  name  to  be 
registered  in  more  than  one  district,  or  in  any  district, 
knowing  that  he  is  not  a  qualified  voter  thereof,  or  who 
falsely  represents  himself  to  be  a  person  other  than  he 
is,  when  attempting  to  register  for  the  purposes  of  vot- 
ing at  any  primary,  or  when  applying  for  a  ballot  or  of- 
fering his  ballot  to  be  deposited  in  a  ballot  box,  or  when 
offering  to  vote  by  means  of  a  voting  machine  or  other- 
wise, whether  the  person  he  represents. himself  to  be  is 
living  or  dead,  or  a  fictitious  person,  and  every  person 
who  aids,  abets,  counsels,  or  procures  any  other  person 
to  do  any  of  the  acts  herein  mentioned,  shall  be  guilty  of 
a  felony.  (76 ;  '95  c.  277  s.  5) 

Sec.  360.  Offering  duplicate  ballots,  unlawful  voting, 
etc. — Every  person  who  wTongfully  delivers  to  a  judge, 
to  be  placed  in  a  box,  more  than  one  ballot  of  the  same 
kind  and  color,  or  who  fraudulently  puts  a  ballot  into 


86  THE  PRIMARY  ELECTION  LAW 

any  box,  or  who,  not  being  a  qualified  voter,  votes  at 
any  election  with  unlawful  intent,  or  who  votes  more 
than  once  at  the  same  election,  or  who  procures,  aids, 
assists,  or  advises  another  to  go  into  any  county,  town, 
or  district  for  the  purpose  of  voting,  knowing  that  such 
person  is  not  qualified  to  vote  therein,  shall  be  guilty 
of  a  felony.  (116-119,  122) 

Sec.  361.  Bribery  before  or  at  elections — Every  person 
who  wilfully,  directly  or  indirectly,  pays,  gives,  or  lends 
any  money  or  other  thing  of  value,  or  who  offers, 
promises,  or  endeavors  to  procure  any  money,  place, 
employment,  or  other  valuable  consideration,  to  or  for 
any  voter,  or  to  or  for  any  other  person,  in  order  to 
induce  any  voter  to  refrain  from  voting,  or  to  vote  in 
any  particular  way,  at  any  election  or  primary,  shall 
be  guilty  of  a  felony.  ('95  c.  277  s.  1) 

Sec.  362.  Advancing  money,  etc.,  unlawfully — Every 
person  who  directly  or  indirectly  advances,  pays,  contrib- 
utes, furnishes,  or  pledges  any  valuable  thing  or  con- 
sideration, or  causes  the  same  to  be  done,  to  or  for  the 
use  of  any  other  person,  with  the  intent  that  such  ad- 
vancement, payment,  contribution,  pledge,  or  any  part 
thereof,  shall  be  expended  or  used  in  bribery  at  any 
primary  or  election,  or  in  fulfilment  of  any  promised 
bribe,  shall  be  guilty  of  a  felony.  ('95  c.  277  s.  1) 

Sec.  363.  Corruptly  demanding  or  receiving  payment, 
etc. — Every  person  who  after  any  election,  directly  or 
indirectly  demands  or  recives  any  money  or  valuable 
consideration  because  of  any  person's  having  voted  or 
refrained  from  voting,  or  because  of  having  induced  any 
other  person  to  vote  or  refrain  from  voting,  at  any  elec- 
tion or  primary,  shall  be  guilty  of  a  felony.  ('95  c.  277 
s.  1) 

Sec.  364.  Coercing,  threatening,  or  improperly  in- 
fluencing voters — Every  judge,  clerk,  officer,  or  other 
person,  who,  within  or  without  any  polling  place,  di- 
rectly or  indirectly  uses  or  threatens  to  use  any  force, 
violence,  or  restraint,  or  causes  or  threaten^  to  cause 
any  damage,  harm,  or  loss  to  any  person,  with  intent 
to  induce,  or  in  any  other  way  attempts  to  induce  or 
compel,  such  person,  or  any  other  person,  to  vote  or 


OF  MINNESOTA  FOR  1905.  87 

refrain  from  voting  at  any  election,  or  to  vote  in  any 
particular  way,  or  who,  within  any  polling  room,  or  in 
any  booth  or  room  connected  therewith,  or  within 
twenty-five  feet  from  the  entrance  to  any  such  polling 
place,  asks,  persuades,  or  endeavors  to  persuade  any 
person  to  vote  for  or  against  any  particular  candidate, 
party,  or  proposition,  or  who,  by  abduction,  duress,  or 
any  fraudulent  device  or  contrivance,  impedes  or  pre- 
vents the  free  exercise  of  the  franchise  at  any  election, 
or  who  by  any  such  means,  compels,  induces,  or  pre- 
vails upon  any  voter  either  to  give  or  refrain  from  giv- 
ing his  vote  at  any  election,  or  who  aids,  assists,  coun- 
sels, or  advises  another  to  vote  in  any  district,  knowing 
that  he  is  not  then  and  there  a  qualified  voter,  shall  be 
guilty  of  a  gross  misdemeanor.  (113,  120,  121;  '95  c. 
277  s.  4) 

Sec.  365.  Defacing  posted  lists,  or  removing  ballots 
from  polling  room — Every  person  who  tears  down,  mu- 
tilates, defaces,  or  otherwise  injures  any  list  of  names 
or  card  of  instruction  to  voters  posted  or  otherwise 
placed  outside  or  inside  of  any  polling  place  or  booth  by 
any  board  of  registration  or  other  official,  or  who,  be- 
fore the  closing  of  the  polls,  removes  from  the  polling 
place  any  ballot  printed  for  use  ,at  such  election,  or 
any  supplies  or  conveniences  placed  in  or  about  any 
booth  for  the  use  of  voters  in  preparing  their  ballots, 
shall  be  guilty  of  a  gross  misdemeanor.  (115) 

Sec.  366.  Wilful  removal  of  or  damage  to  poll  books, 
etc. — Every  person  who  shall  wilfully  take  or  carry 
away  from  any  polling  place,  or  deface,  mutilate,  dam- 
age, or  add  to,  any  poll  book,  ballot,  list,  or  register,  or 
any  name  or  figure  therein,  shall  be  guilty  of  a  felony. 
(165) 

Sec.  367.  Wilful  injury  to  voting  machines — Every 
person  who  wilfully  injures  or  renders  ineffectual  any 
voting  machine,  or  attempts  so  to  do,  shall  be  guilty  of 
a  felony.  ('99  c.  315  s.  6) 

Sec.  368.  Failure  to  deliver  certificate  of  nomination 
— Every  secretary  of  a  delegate  convention  who  fails 
or  neglects  to  immediately  deliver,  to  the  officer  charged 
with  the  printing  of  the  ballots  upon  which  the  name 


88  THE  PRIMARY  ELECTION  LAW 

of  a  candidate  of  such  convention  is  to  be  placed,  the 
certificate  of  nomination  of  such  candidate,  shall  be 
guilty  of  a  misdemeanor.  (38) 

Sec.  369.  Negligence  in  printing  and  care  of  ballots — 
Every  person  authorized  to  print,  or  employed  in  print- 
ing, official  ballots,  who  knowingly  gives  or  delivers  any 
of  such  ballots  to,  or  knowling  permits  any  of  the  same 
to  be  taken  by,  any  person  other  than  the  official  under 
whose  direction  they  are  being  printed,  or  knowingly 
prints  or  causes  or  permits  to  be  printed  ar.y  ballj^  in 
a  form  other  than  that  prescribed  by  law,  or  with  any 
other  names  thereon,  or  with  the  names  spelled  or  the 
names  of  offices  arranged  thereon  in  any  way  other  than 
that  authorized  and  directed  by  said  official,  shall  be 
guilty  of  a  felony.  (35) 

Sec.  370.  Defamatory  circulars,  etc. — Every  person 
who  writes,  prints,  posts,  or  distributes,  or  causes  to 
be  written,  printed,  posted,  or  distributed,  any  circular, 
poster,  or  other  written  or  printed  matter,  which  is  de- 
signed or  tends  to  injure  or  defeat  any  candidate  for 
nomination  or  election  to  a  public  office  by  reflecting 
on  his  personal  or  political  character  or  acts,  unless  by 
publishing  such  matter  in  a  newspaper  in  such  manner 
that  the  publisher  becomes  responsible  therefor,  or  un- 
less there  appear  upon  such  written  or  printed  matter, 
in  a  conspicuous  place,  the  names  of  at  least  two  officers 
or  members  of  a  committee  of  the  political  or  other 
organization  purporting  to  issue  the  same,  or  the  name 
of  some  registered  voter  as  responsible  therefor,  with 
his  postoffice  address,  shall  be  guilty  of  a  gross  mis- 
demeanor. (199;  '01  c.  88  s.  4) 

Sec.  371.  Refusing  employee  election  privilege — 
E^ery  person  who,  as  principal  or  as  an  official  or  agent 
of  any  other  person,  shall  directly  or  indirectly  refuse, 
abridge,  or  in  any  manner  interfere  with  any  of  the  priv- 
ileges or  immunities  of  any  employee  of  himself  or  his 
principal  granted  by  this  chapter,  shall  be  guilty  of  a 
misdemeanor.  (114) 

Sec.  372.  No  person  except  judges  to  handle  ballots — 
Every  person,  except  a  judge,  who  during  any  canvass 
of  votes  shall  handle,  touch,  or  interfere  with  any  of  the 


OF  MINNESOTA  FOR  1905.  89 

ballots  being  canvassed,  and  every  judge  permitting 
the  same  to  be  done,  shall  be  guilty  of  a  misdemeanor. 
(128;  '97  c.  242) 

Sec.  373.  Mismarking  ballots — Disclosing  how 
marked — Every  election  official  or  other  person  who 
marks  the  ballot  of  any  voter,  except  in  the  cases  and  in 
the  manner  provided  by  law,  or  who  informs  any  person 
other  than  such  voter  how  any  such  ballot  was  marked, 
shall  be  guilty  of-  a  gross  misdemeanor.  (108) 

Sec.  374.  Wilful  neglect,  failure,  or  fraud  of  election 
officers — Every  election  officer  or  other  person  required 
by  law  to  safely  keep  and  produce  on  election  day  the 
ballots  intrusted  to  him,  or  to  perform  any  other  act, 
who  wilfully  fails  or  refuses  to  do  the  thing  so  required, 
or  who  is  required  by  law  to  abstain  from  any  act,  and 
wilfully  does  such  act,  or  who  in  either  of  such  cases 
is  guilty  of  any  fraud,  corruption,  partiality,  or  misbe- 
havior in  conducting  or  aiding  in  the  conduct  of  any 
election,  or  in  canvassing  or  making  returns  of  votes, 
or  who  wrongfully  refuses' to  make  or  deliver  any  certif- 
icate of  election,  or  who  falsely  or  corruptly  performs 
any  required  act,  the  punishment  whereof  has  not  been 
otherwise  expressly  provided  for  by  law,  shall  be  guilty 
of  a  felony.  (164) 

Sec.  375.  Destruction  or  delay  of  election  returns — 
Every  messenger  appointed  by  authority  of  law  to  re- 
ceive and  carry  a  report,  certificate,  or  certified  copy  of 
any  statement  relating  to  the  result  of  any  election,  who 
shall  wilfully  mutilate,  tear,  deface,  obliterate,  or  de- 
stroy the  same,  or  do  any  other  act  which  shall  pre- 
vent the  delivery  of  it  as  required  by  law,  and  every 
person  who  shall  take  away  from  such  messenger  any 
such  report,  certificate,  or  copy,  with  intent  to  prevent 
its  delivery,  or  who  shall  wilfully  do  any  injury  or  act 
herein  specified,  shall  be  guilty  of  a  felony.  (G7SS) 

Sec.  376.  Unlawful  expenditures  before  nomination 
or  election — Every  candidate  for  nomination  or  election 
to  a  public  office,  who  within  ten  days  before  any  pri- 
mary held  to  nominate,  or  to  elect  delegates  to  a  con- 


90  THE  PRIMARY  ELECTION  LAW 

vention  called  to  nominate,  a  candidate  for  such  office, 
or  who  within  sixty  days  before  the  election  at  which 
an  incumbent  is  to  be  chosen  for  such  office,  directly  or 
indirectly,  gives  or  provides,  or  pays,  wholly  or  partly, 
or  promises  to  pay,  wholly  or  partly,  the  expense  of 
giving  or  providing  any  food,  drink,  or  entertainment 
to  or  for  any  person  with  intent  to  corruptly  influence 
such  person,  or  any  other  person,  to  give  or  refrain 
from  giving  his  vote  at  such  election,  or  to  vote  or  re- 
frain from  voting  in  a  particular  way,  shall  be  guilty  of 
a  misdemeanor.  ('95  c.  277  s.  3) 

Sec.  377.  Failure  to  file  statement — Every  treasurer 
or  other  person  who  receives  any  money  to  be  applied 
to  any  of  the  election  purposes  for  which  expenditures 
are  permitted  by  law,  who  fails  to  file  the  statement  and 
account  respecting  the  same  required  by  this  chapter 
within  the  time  prescribed,  shall  be  guilty  of  a  misde- 
meanor. ('95  c.  277  s.  21) 

Sec.  378.    Failure  of  treasurer  to  keep  correct  accounts 

— Every  such  treasurer  or  other  person  who  receives 
any  money  to  be  applied  to  the  purposes  aforesaid,  who 
fails  to  keep  a  correct  book  of  account  containing  all 
the  statements  and  details  required  by  law,  with  intent 
to  conceal  the  receipt  or  disbursement  of  any  sum  of 
money  received  or  disbursed  by  him  or  by  any  other 
person,  or  the  purpose  for  which  the  same  was  received 
or  disbursed,  or  to  conceal  the  existence  of  any  unpaid 
debt  or  obligation,  or  the  amount  thereof,  or  to  whom 
the  same  is  due,  in  detail,  or  who  shall  mutilate,  deface, 
or  destroy  such  book  with  like  intent,  shall  be  guilty 
of  a  misdemeanor.  ('95  c.  277  s.  22) 

Sec.  379.  Failure  of  candidate  to  file — No  commis- 
sion, etc.,  to  issue — Every  candidate  for  nomination  or 
election  to  any  elective  office,  or  to  the  office  of  United 
States  senator,  who  fails  to  make  and  file  the  verified 
statement  of  moneys  contributed,  disbursed,  expended, 
or  promised  by  him,  or  by  any  other  person,  committee, 
or  organization  for  him,  so  far  as  he  can  learn,  in  the 
manner,  within  the  time,  and  with  the  details  required 


OP  MINNESOTA  FOR  1905.  91 

by  law,  or  who  enters  upon  the  duties  of  any  such  office, 
or  receives  any  salary  or  emolument  therefrom,  before 
he  has  so  filed  such  statement,  and  every  officer  who  is- 
sues a  commission  or  certificate  of  election  to  any  person 
before  such  statement  shall  have  been  so  filed,  shall 
be  guilty  of  a  gross  misdemeanor.  ('95  c.  277  s.  8) 


92       CONGRESSIONAL  REAPPORTIONMENT  FOR  1901. 


CONGRESSIONAL  REAPPORTIONMENT  FOR  1901. 


Section  1.  The  State  of  Minnesota  is  hereby  divided 
into  nine  (9)  congressional  districts,  each  of  which  is  en- 
titled to  elect  one  (1)  representative  to  the  Congress  of 
the  United  States. 

Sec.  2.  The  counties  of  Dodge,  Fillmore,  Freeborn, 
Houston,  Mower,  Olmsted,  Steele,  Wabasha,  Waseca 
and  Winona  shall  constitute  the  First  (1st)  congression- 
al district. 

Sec.  3.  The  counties  of  Blue  Earth,  Brown,  Cotton- 
wood,  Faribault,  Jackson,  Martin,  Murray,  Nobles,  Pipe- 
stone,  Rock  and  Watonwan  shall  constitute  the  Second 
(2d)  congressional  district. 

Sec.  4.  The. counties  of  Carver,  Dakota,  Goodhtie, 
Le  Sueur,  McLeod,  Nicollet,  Rice,  Scott  and  Sibley  shall 
constitute  the  Third  (3d)  congressional  district. 

Sec.  5.  The  counties  of  Chisago,  Ramsey  and  Wash- 
ington shall  constitute  the  Fourth  (4th)  congressional 
district. 

Sec.  6.  The  county  of  Hennepin  shall  constitute  the 
Fifth  (5th)  congressional  district. 

Sec.  7.  The  counties  of  Benton,  Cass,  Crow  Wing, 
Douglas,  Hubbard,  Meeker,  Morrison,  Sherburne, 
Stearns,  Todd,  Wadena  and  Wright  shall  constitute -the 
Sixth  (6th)  congressional  district. 

Sec.  8.  The  counties  of  Big  Stone,  Chippewa,  Grant, 
Kandiyohi,  Lac  qui  Parle,  Lincoln,  Lyon,  Pope,  Red- 
wood, Renville,  Stevens,  Swift,  Traverse  and  Yellow 
Medicine  shall  constitute  the  ,  Seventh  (7th)  congres- 
sional district. 

Sec.  9.  The  counties  of  Aitkin,  Anoka,  Carlton,  Cook, 
Isanti,  Itasca,  Kanabec,  Lake,  Mille  Lacs,  Pine  and  St. 
Louis  shall  constitute  the  Eighth  (8th)  congressional 
district. 


CONGRESSIONAL  REAPPORTIONMENT  FOR  1901.        93 

Sec.  10.  The  counties  of  Becker,  Beltrami,  Clay,  Kitt- 
son,  Marshall,  Norman,  Otter  Tail,  Polk,  Red  Lake, 
Roseau,  and  Wilkin  shall  constitute  the  Ninth  (9th) 
congressional  district,  County  of  Clearwater,  being  set 
off  from  Beltrami  County. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  March  27,  1901. 


94:          LEGISLATIVE  REAPPORTIONMENT  FOR  1897. 


LEGISLATIVE  REAPPORTIONMENT  FOR  1891 


(SENATORIAL  DISTRICTS) 


(Chapter   120,   General   Laws   1897.) 


First  District — Houston  county — One  senator  and  one 
representative. 

Second  District — Winona  county — One  senator  and 
three  representatives. 

Third  District — Wabasha  County — One  senator  and 
one  representative. 

Fourth  District — Olmsted  county — One  senator  and 
two  representatives. 

Fifth  District — Fillmore  county — One  senator  and 
two  representatives. 

Sixth  District — Mower  county — One  senator  and  two 
representatives. 

Seventh  District — Dodge  county — One  senator  and 
one  representative. 

Eighth  District — Steele  county — One  senator  and  one 
representative. 

Ninth  District — Freeborn  county — One  senator  and 
two  representatives. 

Tenth  District — Waseca  county — One  senator  and  one 
representative. 

Eleventh  District — Blue  Earth  county — One  senator 
and  three  representatives. 

Twelfth  District — Faribault  county — One  senator 
and  one  representative. 

Thirteenth  District — Martin  and  Watonwan  counties 
— One  senator  and  two  representatives. 

Fourteenth  District — Jackson  and  Cottonwood  coun- 
ties— One  senator  and  two  representatives. 

Fifteenth  District — Nobles  and  Murray  counties — 
One  senator  and  one  representative. 


LEGISLATIVE  REAPPORTIONMENT  FOR  1897.          95 

Sixteenth  District — Rock  and  Pipestone  counties — 
One  senator  and  one  representative. 

Seventeenth  District — Lincoln,  Lyon  and  Yellow 
Medicine  counties — One  senator  and  two  representatives. 

Eighteenth  District — L/ac  qui  Parle  and  Chippewa 
counties — One  senator  and  two  representatives. 

Nineteenth  District — Redwood  and  Brown  counties 
— One  senator  and  two  representatives. 

Twentieth  District — Nicollet  county — One  senator  and 
one  representative. 

Twenty-first  District — Sibley  county — One  senator 
and  one'  representative. 

Twenty-second  District — Renville  county — One  sena- 
tor and  two  representatives. 

Twenty-third  District — Meeker  county — One  senator 
and  one  representative. 

Twenty-fourth  District — McLeod  county — One  sena- 
tor and  one  representative. 

Twenty-fifth  District — Carver  county — One  senator 
and  one  representative. 

Twenty-sixth  District — Scott  county — One  senator 
and  one  representative. 

Twenty-seventh  District — LeSueur  county  —  One 
senator  and  two  representatives. 

Twenty-eighth  District — Rice  county — One  senator 
and  two  representatives. 

Twenty-ninth  District — Goodhue  county — One  sena- 
tor and  three  representatives. 

Thirtieth  District — Dakota  county — One  senator  and 
two  representatives. 

Thirty-first  District — Washington  county — One  sena- 
tor and  two  representatives. 

Thirty-second  District — Chisago,  Pine  and  Kanabec 
counties — One  senator  and  two  representatives. 

Thirty-third  District — First  and  Second  wards,  St. 
Paul — One  senator  and  two  representatives. 

Thirty-fourth  District— Third,  Ninth  and  part  of 
Eighth  wards,  St.  Paul — One  senator  and  three  repre- 
sentatives. 

Thirty-fifth  District — Fifth  and  Sixth  wards,  St.  Paul 
— One  senator  and  two  representatives. 


96         LEGISLATIVE  REAPPORTIONMENT  FOR 

Thirty-sixth  District — Fourth,  Seventh  and  part  of 
Eighth  wards,  St.  Paul — One  senator  and  two  repre- 
sentatives. 

Thirty-seventh  District — Part  of  Eighth  ward,  Tenth 
and  Eleventh  wards,  St.  Paul  and  Ramsey  county — One 
senator  and  two  representatives. 

Thirty-eighth  District — First  ward  and  part  of  Third 
ward,  Minneapolis — One  senator  and  two  representa- 
tives. 

Thirty-ninth  District — Second  and  Ninth  wards,  Min- 
neapolis and  town  of  St.  Anthony — One  senator  and  two 
representatives. 

Fortieth  District — Fourth  ward,  Minneapolis — One 
senator  and  two  representatives. 

Forty-first  District — Fifth  and  Sixth  wards,  Minne- 
apolis— One  senator  and  four  representatives. 

Forty-second  District — Seventh, .Eleventh  and  Twelfth 
wards,  Minneapolis  and  village  of  Edina  and  towns 
of  Richfield,  Bloomington,  Eden  Prairie  and  village  and 
town  of  Excelsior,  Hennepin  county — One  senator  and 
two  representatives. 

Forty-third  District — Eighth  and  Thirteenth  wards, 
Minneapolis,  and  towns  of  Corcoran,  Greenwood,  Me- 
dina, Independence,  Minnetonka,  Plymouth,  Minne- 
triesta,  Maple  Grove,  Orono  and  villages  Golden  Valley, 
St.  Louis  Park,  West  Minneapolis,  Minnetonka  Beach 
and  Wayzata,  Hennepin  county — One  senator  and  two 
representatives. 

Forty-fourth  District— Part  of  Third  ward,  and  Tenth 
ward,  Minneapolis,  and  villages,  Crystal,  Robbinsdale, 
Osseo,  and  towns  Crystal  Lake,  Brooklyn,  Champlin, 
Dayton  and  Hassan,  Hennepin  county — One  senator  and 
two  representatives. 

Forty-fifth  District — Isanti,  Anoka,  Mille  Lacs  and 
Sherburne  counties,  excepting  Seventh  ward,  St.  Cloud 
— One  senator  and  three  representatives. 

Forty-sixth  District — Wright  county — One  senator 
and  two  representatives. 

Forty-seventh  District — Benton  county,  Seventh 
ward,  St.  Cloud,  in  Sherburne  county,  city  of  St.  Cloud, 


LEGISLATIVE  REAPPORTIONMENT  FOR  1897.         97 

and  towns  St.  Cloud  and  Le  Sank,  in  Stearns  county — 
One  senator  and  one  representative. 

Forty-eighth  District  —  Morrison  and  Crow  Wing 
counties — One  senator  and  two  representatives. 

Forty-ninth  district — Seventh  and  Eighth  wards, 
city  of  Duluth,  county  of  St.  Louis,  and  all  that  part 
of  township  forty-nine  north,  of  range  fifteen  west,  not 
embraced  in  said  city;  all  of  township  fifty  north,  of 
range  fifteen  west,  and  all  that  part  of  the  county  of  St. 
Louis  lying  to  the  westward  of  the  range  line  or  the 
same  extended  between  ranges  fifteen  and  sixteen  west, 
in  said  county — One  senator  and  two  representatives. 

Fiftieth  District— Third,  Fifth  and  Sixth  wards  of  the 
city  of  Duluth,  county  of  St.  Louis,  and  all  that  part 
of  said  county  outside  the  city  of  Duluth  and  lying  be- 
tween the  range  line  between  ranges  thirteen  and  four- 
teen and  the  range  line  between  ranges  fifteen  and  six- 
teen, in  said  county — One  senator 'and  two  representa- 
tives. 

Fifty-first  District — Counties  of  Lake  and  Cook,  the 
First,  Second  and  Fourth  wards  of  the  city  of  Duluth, 
in  the  county  of  St.  Louis,  and  all  that  part  of  said  coun- 
ty not  within  said  city  and  lying  to  the  eastward  of  the 
range  line  between  ranges  thirteen  and  fourteen,  or  the 
same  extended  in  said  county — One  senator  and  two 
representatives. 

Fifty-second  District — Carlton,  Aitkin,  Itasca  and 
Cass  counties — One  senator  and  two  representatives. 

Fifty-third  District — Hubbard,  Wadena  and  Todd 
counties — One  senator  and  two  representatives. 

Fifty-fourth  District — Stearns  county,  except  the  city 
of  vSt.  Cloud  and  towns  of  St.  Cloud  and  LeSauk — One 
senator  and  two  representatives. 

Fifty-fifth  District — Kandiyohi  county — One  senator 
and  one  representative. 

rifty-sixth  District — Swift  and  Big  Stone  counties — 
One  senator  and  one  representative. 

Fifty-seventh  District — Traverse,  Grant  and  Stevens 
counties — One  senator  and  two  representatives. 

Fifty-eighth  District — Pope  and  Douglas  counties — 
One  senator  and  two  representatives. 


98         LEGISLATIVE  REAPPORTIONMENT  FOR  1897. 

Fifty-ninth  District — Otter  Tail  county — One  senator 
and  four  representatives. 

Sixtieth  District — Wilkin,  Clay  and  Becker  counties 
— One  senator  and  three  representatives. 

Sixty-first  District — Norman,  Beltrami,  Clearwater 
and  Red  Lake  counties — One  senator  and  two  represen- 
tatives. 

Sixty-second  District — Polk  county — One  senator  and 
two  representatives. 

Sixty-third  District — Marshall,  Roseau  and  Kittson 
counties — One  senator  and  two  representatives. 


GENERAL  ELECTION  LAW  INDEX. 


Qualifications  of  Voters  Pages  3  and  4. 


SEC. 

Chapter  relating  to 153-379 

General  elections,  when  held 153 

Officers  chosen  at 153 

Definition  of  terms 154 

"Polls,"  meaning  of  word 154 

"  Voter,"  meaning  of  word 154 

Blank  forms  for,  secretary  of  state  to  furnish 159 

Copies  of  law,  how  provided  and  distributed 159 

Legislative   districts,    change   of   boundaries,    elections    to   fill 

vacancies 161 

Duties  of  officers  in  relation  to  sale  and  use  of  intoxicating  liquors 

on  election  day 163 

Candidates  not  to  be  named  on  official  ballots  as  candidates  of 

more  than  one  party 176 

Only  those  candidates  properly  nominated  to  have  names  on  ballots.  179 

Political  party  defined 182 

Place  of 224 

Notice,  posting  225 

In  towns  and  villages 226 

Towns  may  vote  in  villages  when 226 

Expense  of,  how  paid 342 

Use  of  Schoolhouses  for.  . 1321  (3) 

Sale  of  liquors  probihited 1532 

Resignations  by  elective  officers,  how  made 2666 

PRIMARY  ELECTIONS 

Purpose  and  time  of  holding,  notice 181 

Candidates,  how  chosen 182 

Affidavits,  filing 184-185 

Election  districts 183 

Names  of  candidates  when  placed  on  primary  ballot 184 

Names  of  nominees  to  be  certified  to  county  auditors 186 

Voting  to  be  by  ballot 186 

Ballots,  form  and  contents,  sample  ballot 186 

Preparation  rotation  of  names 187 

Indorsement,  spoiling  or  defacing 192 

Partial  invalidity 193 

Not  to  be  rejected  for  technical  errors 193 

Designation  of  choice  by  voters 193 

Folding  and  depositing 194 

Election  officers  to  act  at 188 

Registers 190 


100  GENERAL  ELECTION  LAW  INDEX. 

SEC 

Laws  applicable ....  1  91 

Provisions  relating  to  general  elections  applicable 190  ,194 

Ballot  boxes,  polling  places 190 

Gatekeepers,  peace  officers,  challengers 190 

Hours  for  voting 191 

Polls,  time  of  opening  and  closing,  adjournments 191 

Qualification  of  voters 192 

Instruction  to  voters,  manner  of  voting 192 

Challenges,  provisions  applicable 194 

Canvass  of  votes,  preliminaries  to 195 

Procedure 196 

Returns,  sealing  and  return  to  auditor 196 

Tally  sheets 197 

County  canvassing  board,  organization,  powers,  duties 198  , 199 

State  canvassing  board,  duties 200 

Persons  certified  as  nominated  by  canvassing  boards  to  be  nomi- 
nees of  political  parties 20 1 

Fees  to  be  paid  by  nominees ,.  .  201 

Review  by  courts •.  202 

Contests  for  nomination 203 

Sales  of  liquor  prohibited 1532 

NOMINATIONS  BY  CONVENTION 

General  provisions 204—212 

Failure  to  deliver  certificate  of  nomination,  penalty 368 

NOMINATIONS  BY  VOTERS 

General  provisions 213-220 

ELECTION  DISTRICTS 

"District,"  meaning  of  word 154 

How  constituted  and  altered,  number  of  voters 156 

Alteration,  map  of,  inspection 157 

Map  of,  copies  for  judges  of  election  , 157 

Map  of,  posting,  filing 157 

Time  for  altering 183 

Division  of  towns,  notice 225 

Establishment  by  county  board 443 

Villages  as  separate  districts 708 

ELECTION  OFFICERS 

To  act  at  primary  elections 188 

Special  judges  and  clerks,  appointment,  duty 309 

Qualification,  pay 310 

Compensation  for  election  services 341 

How  paid 342 

Messengers,  compensation  and  mileage. 341 

Destruction  or  delay  of  return 375 


GENERAL  ELECTION  LAW  INDEX.  101 

SEC. 

Where  voting  machines  are  used 347 

Willful  neglect,  failure,  or  fraud 374 

JUDGES 

Meaning  of  word 154 

Copies  of  maps  of  districts  for 157 

Copies  of  law  for 159 

Election  ballots  delivered  to 167 

Signing  statement  preliminary  to  canvass  of  primary  election 195 

Canvass  of  votes  for  primary  election 196 

Members  of  town  boards 227 

In  cities  and  villages,  appointment 228 

Qualifications 229 

Selection  from  certified  party  lists 230 

To  appoint  election  clerks 229 

Duties  as  to  display  of  flags  at  polling  places 231 

Compensation,forfeiture  for  failure  to  display  flag  at  polling  places  231 

Vacancies 232 

How  filled 227 

Oath 233 

Administering  oath  to  person  appearing  for  registration 238 

In  cities  of  first,  second,  and  third  classes  to  constitute  board  of 

registration 241 

In  cities,  signing  registers 246 

May  change  polling  places,  when 254 

Appointment  of  special  peace  officers 257 

To  procure  registers,  ballots,  ballot  boxes,  etc 258 

Failure  to  obtain  ballots,  proceedings .  259 

To  appoint  gatekeepers 264 

Initials  on  ballots 206 

Regulations  as  to  voting 269 

One  to  have  charge  of  ballots  and  two  of  registers 271 

Duties  on  challenge  to  voter. 272 

Agreement  on  standard  of  time  for  opening  and  closing  polls 286 

Proclamation  of  time  for  closing  polls 286 

Signing  of  poll  lists 287 

Signing  of  registers 287 

Canvass  of  votes 288 

Preliminary  returns,  signing    289 

Drawing  excessive  ballots 290 

Certificate  as  to  votes  not  counted 292 

Permitting  entries  to  be  made  on  tally  sheets  by  others  than  clerks, 

penalty 301 

Announcing  result  of  canvass t 303 

Statement  of  votes  cast 307 

Assisting  in  canvassing  vote 308 

Special  judges,  qualifications,  compensation,  etc 310 

Sealing  ballot  boxes  after  canvass   311 

Official  returns,  scaling  and  delivering 315 

Delivery  of  election  returns 316 

Where  voting  machines  are  used 3-17 


102  GENERAL  ELECTION  LAW  INDEX. 

SEC. 

At  election  for  change  of  county  boundaries 385 

Appointment  of  county  board 444 

May  administer  oaths,  when 2682 

CLERKS 

Meaning  of  word 154 

Calling  for  ballots 168 

Number  of  ballots  to  be  provided 169 

Attestation  of  statement  preliminary  to  canvass  of  primary  elec- 
tions      195 

Canvass  of  votes  for  primary  election 196 

Appointment,  qualifications 229 

Vacancies 232 

Oath 233 

Disability  while  on  duty,  appointment  of  substitute 265 

To    keep    poll    lists,  form   285 

Attestation  of  poll  lists  and  registers 287 

Account  of  ballots 293 

Entries  on  tally  sheets 300 ,301 

May  administer  oaths,  when 2682 

BOARD    OF    REGISTRATION 

Election  judges  to  constitute 233 

Duplicate  lists  of  persons  entitled  to  vote 236 

Comparison  of  registers 239 

In  cities  of  first,  second,  and  third  classes 241 

Comparing,  signing,  etc.,  registers  at  close  of  first  registration  day  246 

BOARD    OF    ELECTION 

Election  judges  to  constitute 233 

Challenges  referred  to 305 

BALLOT   JUDGES 

Appointment,  vacancies - 304 

Duties 305,  310 

Number  slips  and  receipts  for  ballots 306 

Certificate  as  to  vote  cast 307 

To  assist  in  canvass  of  vote 308 

Qualifications  and  compensation 310 ,  341  (5) 

BALLOT    CLERKS 

Appointment,  vacancies 304 

Duties 305 ,  310 

Attestation  of  certificate  as  to  vote  cast 307 

To  assist  in  canvassing  vote 308 

Qualifications  and  compensation 310,  341  (5) 

REGISTRATION,  REGISTERS,  AND  POLL  LISTS 

Primaries  to  be  held  on  first  day  of  registration 181 

On  day  of  primary,  at  primary  elections 189 

Residence  of  voters,  how  determined 235 

Oath  in  towns,  villages,  and  cities  of  the  fourth  class 238 

In  cities  of  first,  second,  and  third  classes 241 


GENERAL  ELEUTION  LAW  INDEX.  103 

SEC. 

Questions  to  persons  appearing  for 242 

Oath  to  persons  appearing  for 242 

Must  be  in  person - 244 

Of  absent  voters  by  affidavit 244 

Removal  of  voter  from  district 245 

Registration  days  in  cities  of  first,  second,  and  third  classes,  second 

day,  hours,  etc 247 

Last  day 249 

Persons  not  allowed  to  vote  unless  registered,  exception 251 

REGISTERS 

Blank  forms  for 159 

At  primaries 189 

Heading,  contents,  and  arranging 234 

In  cities  of  the  fourth  class,  how  made,  posting  and  correcting  236,  237 

Comparison  and  certification  at  end  of  each  day's  registration ....  239 

In  towns  and  villages,  how  made,  posting  and  correcting 236 

Comparison  and  certification  at  end  of  each  day's  registration.  .  .  .  239 

In  cities  of  the  second  and  third  classes,  how  prepared 242 

Headings,  names  entered  on 242 

Comparison  at  close  of  first  registration  day,signing,certifying,  etc  246 
Comparison  at  close  of  second  registration  day,  signing,  certifying, 

etc. 248 

Comparison  at  close  of  last  registration  day,signing,certifying,  etc  250 

In  cities  of  the  first  class,  form  and  contents 243 

Comparison  at  close  of  first  registration  day,signing,certifying,  etc  246 
Comparison  at  close  of  second  registration  day,  signing,  certifying, 

etc 248 

Comparison  at  close  of  last  registration  day,  signing,  certifying,  etc .  250 

Judges  to  procure  before  election 258 

Judges  to  have  charge  of,  at  polling  places 271 

Statement  attached  to 287 

Statement  attached  as  to  vote  cast 307 

To  be  open  to  inspection 313 

Wilfully  removing  or  damaging 366 

How  disposed  of  after  canvass 313 

POLL    LISTS 

Blank  forms  for 159 

In  cities  of  the  fourth  class 236 

Correction 237 

Striking  names  from  lists 240 

In  towns  and  villages 236 

Striking  names  from  lists 240 

Clerks  to  keep,  form 285 

Statement  attached  to,  form 287 

To  be  open  to  inspection 313 

How  disposed  of  after  canvass   313 

Defacing 365 

Wilfully  removing  or  damaging 366 


104  GENERAL  ELECTION  LAW  INDEX. 

NOTICE 


SEC. 


Of  officers  to  be  elected,   to  whom  sent 158 

Of  primary  elections. 181 

Of  election  of  delegates  for  nominating  convention 204 

When  and  by  whom  given,  posting 223 

Of  place  for  holding  posting 225 

Of  change  of  voting  place  from  town  to  village 226 

Of  election  for  change  of  county  seat 400 

Of  submission  of  questions  by  county  commissioners 450 


CONDUCT  OF  ELECTIONS 

Special  elections 160 

Temporary  recess  after  opening  of  polls 252 

Order  at  polls 257 

Peace  officers,  to  keep  order  at  polling  places 257 

Not  to  remain  in  voting  room    257 

Appointment  as  gatekeepers 264 

Compensation 341  (6) 

Persons  not  allowed  in  voting  room 268 

Number  6f  voters  admitted 269 

Crowds  prohibited 270 

Duties  of  judges  as  to  ballots  and  registers 271 

Polls,  notice  of  closing 286 

Opening  and  closing  at  election  for  change  of  county  seat 402 


POLLING  PLACES 

Designation 224 

Division  of  towns,  notice 225 

Towns  may  vote  in  villages,  when 226 

National  flag  to  be  displayed  over 231 

Hours  for  opening  and  closing 252 

Location 253 

Judges  may  change,  when 254 

Notice  of  change 255 

Arrangements  at 256 

What  to  consist  of : 256 

Booths,  arrangement 256 

Special  peace  officer 257 

Persons  not  allowed  within  or  near  booths 257 

Proceedings  preliminary  to  opening 262 

Gatekeepers 264 

Printed  instructions  to  voters  to  be  posted  in 162 

Election  of  delegates  for  nominating  convention  to  be  held  at 204 

Injuries  to 365 

Designation  by  county  commissioners 443 

Uso  of  schoolhouses 1 321  (3) 


GENERAL  ELECTION  LAW  INDEX.  105 
BALLOT  BOXES 

BEC. 

To  be  in  public  view 267 

Separate  for  votes  on  constitutional  and  other  questions 166 

At  primaries 190 

Separate  for  women 256 

Number  and  kind  to  be  provided 256 

Judges  to  procure 258 

Opening  and  locking  before  opening  of  polls 262 

Order  of  opening 289 

For  women,  order  of  opening 289 

Locking  and  sealing  after  canvass 311 

Delivery  after  canvass,  additional  seals 312 

Separate  for  election  of  school  trustees 1311 

VOTING  MACHINES 

Authorized 344-347 

Wilful    injury    to 367 

BALLOTS 

Sample  ballots,  secretary  of  state  to  furnish  to  auditors 164 

White  ballot,  for  offices  to  be  voted  for  throughout  the  state 165 

How  provided  and  distributed 165 

Receipts  for 165 

General  description 171 

Pink  ballots,  form  and  contents 166 

For  constitutional  and  other  questions 166 

General  description 171 

P^or  propositions  to  be  voted  for  throughout  state,  how  cast,  counted 

etc 166 

Red  ballots,  form  and  contents 167 

How  prepared  and  distributed,  receipts  for 167 

For  city  elections 167 

Blue  ballots,  contents 168 

Furnishing  and  distributing 168 

Number 169 

Uniformity,  quality,  printing 170 

White  and  pink,  secretary  of  state  to  direct  order  of  precedence..  .  171 

Names,  etc.,  how  printed,  blank  spaces 172 

Party  precedence,  written  names 173 

Nominees  by  petition,  instructions  to  voters 174 

Spaces  for  designation  of  choice 175 

Presidential  election,  groups  voted  for  together 175 

Candidates  to  be  named  as  candidates  of  only  one  party 176 

Use  of  party  name  on 176 

Blue  and  red  ballots,  form  of 177 

Indorsements  on 178,  266,  267 

To  contain  only  names  of  candidates  properly  nominated    179 

Rotation  of  names  when  required 180 

Pasters,  vacancies  occurring  after  printing  of  ballots 218 


106  GENERAL  ELECTION  LAW  INDEX. 

SEC. 

Error  in  printing,  remedy 220 

Fees  for  placing  names  on 222 

Judges  to  procure  before  election 258 

Failure  of  judge  to  obtain,  proceedings 259 

Substitute  ballots 260 

Proceedings  when  there  are  no  official  or  substitute  ballots 261 

Initials  of  judges  on 266 

Distribution 267 

Judge  to  have  charge  of 271 

Sample  ballots,  taking  to  booths 274 

Soiling  or  defacing 275 

Marking  and  folding,  rules 275 

Receiving  and  depositing 276 

Spoiling,  proceedings  thereafter 277 

Spoiled  and  unused,  preservation  and  return 277  ,  284 

Marking,  physical  inability 278 

Voter  unable  to  enter  voting  place 279 

Receiving  and  depositing  from  voter  physically  disabled 279 

Marked  ballots  not  to  be  shown 280 

How  removed  from  blocks 284 

Issuance  to  voters 305 

Indorsement  by  ballot  judges 305 

Unused,  time  for  returning 316 

Inspection  after  contest 337 

Defective,  election,  when  void 340 

Removal  from  polling  room 365 

Unlawful  removal  or  injury 366 

Negligence  in  printing  and  care  of 369 

Handling  by  others  than  judges 372 

Disclosing  how  marked,  mismarking   373 


VOTING 

Printed  instructions  to  voters 162 

When  registered  elector  may  not  vote 210 

When  unregistered  elector  may  vote 240 

Removal  from  residence  within  district,  entry  on  register  before 

voting 245 

Persons  not  allowed  to  vote  unless  registered 251 

Instructions  to  voters  to  be  placed  in  booths 256 

Voter  to  retire  to  booth  alone  to  prepare  ballot 274 

Taking  sample  ballots  to  booths 274 

Voter  unable  to  read  English,  or  physically  unable  to  mark  ballot  278 

Person  unable  to  enter  voting  place 279 

Voter  not  to  disclose  how  he  has  voted 280 

Intoxication  not  to  be  regarded  as  physical  disability 281 

Persons  grossly  intoxicated  not  to  be  permitted  to  vote 281 

Identification  of  voter 282 

Employees,  permitted  to  absent  themselves  from  work  for  purpose 

of....  .  283 


GENERAL  ELECTION  LAW  INDEX.  107 

CHALLENGES 


SEC. 


Challengers  allowed  in  room,  substitute  challengers    263 

Grounds  for 272 

Oath  to  person  challenged 272,  273 

Examination  of  person  challenged 272,  273 

Identification  of  voter 273 

Before  depositing  ballot 276 

On  receiving  ballot  of  voter  physically  disabled 279 

Reference  to  election  board 305 

CANVASS 

Of  votes  at  special  election 160 

Of  votes  for  propositions  to  be  voted  throughout  the  state 166 

To  be  public 288 

Ballots  handled  by  judges  only 288 

Order  of  opening  ballot  boxes 289 

Returns,  preliminary 289 

Preliminary,  special  messengers 289 

Form  of,  to  be  in  duplicate 314 

Official  sealing  and  delivery 315 

Time  for  making 316 

Failure  to  make,  special  messenger 317 

Informalities 318 

Not  to  refuse  to  include  returns  on  account  of  informality 318 

Failure  to  make,  penalty 374 

Destruction  or  delay 375 

Method  of  beginning,  ballots  folded  together 290 

Excess  of  ballots 290 

Disposition • 290-292 

Ballots  not  in  proper  box 291 ,292 

Ballots  not  counted,  return 292 

Method  of  counting  vote,  numbering  ballots 293 

Tally  sheets 293 

For  white  ballots,  form  and  contents 294-297 

For  pink  ballots 297 

For  blue  and  red  ballots 298 

For  blue  and  red  ballots,  substitutes 298 

For  blue  and  red  ballots,  number  supplied,  deficiencies 299 

Manner  of  marking 300 

Carrying  forward,  numbering  pages 301 

Procedure 300,  301 

Memorandum  to'be  kept 300 

Rules  for  counting  marks  on  ballots 302 

Announcing  result 303 

Defective  ballots,  how  disposed  of 303 

Ballot  clerks  to  assist 305 

Statement  of  vote  cast 307 

By  whom  canvassed  and  counted, 308 


108  GENERAL  ELECTION  LAW  INDEX. 

sue. 
Order  of  canvass,  watchers 308 

Locking  and  sealing  ballot  boxes  after 31 1 

Delivery  of  ballot  boxes  after,  additional  seals .- 312 

Poll  lists  and  registers,  disposition 313 

County  canvassing  board,  how  constituted 319 

Quorum,  duties 319 

Statements,  certifying  to  secretary  of  state 320 

When  to  declare  persons  elected 321 

Correction  of  errors  in  legislative  districts 325 

Legislative  vote  in  counties  constituting  part  of  legislative  district  323 

Statement  of  vote 323 

Canvassing  board 324 

Correction  of  errors 325 

State  canvassing  board,  how  constituted 326 

Vacancies,  time  of  meeting 326 

Canvass  of  votes,  declaring  result 327 

Publication  of  result 328 

Canvass  of  votes  for  members  of  Congress  and  presidential  electors  328 

Compensation  and  mileage 341  (2) 

Failure  to  make 374 

CERTIFICATES  OF  ELECTION 

As  evidence  of  membership  in  legislature 10 

To  members  of  legislature,  filing 13 

Auditor  to  make 322 

Not  to  be  issued  until  affidavit  of  expenditures  filed 350 

Failure  to  make  or  deliver 374 

Issuance  before  filing  of  statement  of  expenditures,  penalty 379 

CONTESTS 

Meaning  of  words  "contestant"  and  "contestee," 154 

For  legislature,  notice • 332 

Notice  by  contestee 333 

Testimony,  how  taken  and  certified 334 

Hearing  in  legislature 335 

State  and  municipal  elections,  trial 336 

Notices 336 

Bond ;;;;7 

Inspection  of  ballots 337 

Appeal,  bond 338 

Election,  when  void,  defective  ballots 340 

Vote  on  county  seat  removal,  changing  county  lines,  etc 339 

PRESIDENTIAL  ELECTORS 

To  be  chosen  at  general  election 153 

To  be  grouped  and  voted  for  together 175 

Party  precedence 175 

Provisions  relating  to  rotation  of  names  on  ballots  not  applicable  to.    180 
Nomination  by  voters .214 


GENERAL  ELECTION  LAW  INDEX.  109 

RFC. 

Marking  ballots  for 275 

Canvass  of  votes  for 328 

Certificate  of  election,  ties 329 

Notice  to  governor  of  presence  at  capitol 329 

Vacancies 329 

Notice  of  election  to  fill 330 

Compensation 341 

TIE  VOTE 

Special  election 160 

At  primary  elections,  state  canvassing  board  to  determine 200 

Nominations  by  convention 206 

For  presidential  electors,  proceedings 328-330 

SPECIAL  ELECTIONS  , 

Calling,  conduct,  returns 160 

In  case  of  tie  vote 160 

For  members  of  congress 328 

CORRUPT  PRACTICES 

General  provisions 348-358,  374-379 

OFFENCES 

Sale  or  use  of  intoxicating  liquors  on  election  day 163 

Rioting,  disorderly  conduct 257 

Printing  or  distributing  sample  ballots  on  white,  pink,  blue,  or  red 

paper 274 

Permitting  entries  to  be  made  on  tally  sheets  by  others  than  clerks .  301 

False  personation,  registration 359 

Procuring  disqualified  person  to  vote 360 

Offering  duplicate  ballots  360 

Voting  with  unlawful  intent 360 

Bribery 361 

Advancing  money,  etc.,  to  be  unlawfully  used  at  or  before  primary 

or  election  362 

Corruptly  demanding  or  receiving  payment,  etc 363 

Coercing,  threatening,  or  improperly  influencing  voters 364 

Defacing  posted  lists  or  removing  ballots  from  polling  room 365 

Wilful  removal  of,  or  damage  to,  poll-books,  etc 366 

Wilful  injury  to  voting  machine ' 367 

Failure  to  deliver  certificate  of  nomination  268 

Negligence  in  printing  or  care  of  ballots 369 

Defamatory  circulars 370 

Refusing  employee  privileges  granted  by  law 371 

Handling  of  ballots  by  others  than  judges 372 

Mismarking  ballots  and  disclosing  how  mnrked  373 

Wilful  neglect,  failure  or  fraud  of  election  officers  374 


110 


GENERAL  ELECTION  LAW  INDEX. 


Destruction  or  delay  of  election  returns 3?5 

Unlawful  expenditures  before  nomination  or  election 376 

Failure  of  treasurer  to  file  statements 377 

Failure  of  treasurer  to  keep  correct  accounts 378 

Failure  of  candidates  to  file  statement 379 

In  village  elections,  town  meeting  laws  applied 714 

Congressional  apportionment   92 

Legislative  apportionment    ,  .  .  94 


UNIVERSITY  OP  CALIFORNIA  LIBRARY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


30m-6,'14 


YC  09077 


